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U.S. v. SHANE CLEMENTS

No. 97-1699.

144 F.3d 981 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Shane CLEMENTS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 22, 1998.

Attorney(s) appearing for the Case

Donald A. Davis (argued and briefed), Office of U.S. Atty. for Western District of Michigan, Grand Rapids, MI, for Plaintiff-Appellee.

Sharon A. Turek (argued and briefed), Federal Public Defenders Office, Grand Rapids, MI, for Defendant-Appellant.

Before: WELLFORD, BOGGS, and MOORE, Circuit Judges.

OPINION

MOORE, Circuit Judge.

Defendant-Appellant, Shane Clements, pleaded guilty to violating 18 U.S.C. § 875(d) and was sentenced to twenty-four months' imprisonment. On appeal, Clements argues that the district court erred when it denied his motion for downward departure based on diminished capacity pursuant to United States Sentencing Guidelines Manual ("U.S.S.G." or "Sentencing Guidelines") § 5K2.13. Clements also claims that the district...

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