United States Sixth Circuit

District courts lacks discretion to grant downard departure below the statutory minimum, based upon defendant's diminished cpacity, from a sentence for carrying a firearm in relation to a crime of violence under 18 USC 924(c).

Appellate Information

• Argued 12/05/2000
• Decided 01/19/2001
• Published 01/19/2001

Judges

• Before: BOGGS and GILMAN, Circuit Judges;  and BECKWITH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Charles P. Wisdom, Jr. (briefed), James E. Arehart (argued), Mark A. Wohlander (briefed), Asst. U.S. Attorneys, Lexington, KY, for Plaintiff-Appellee., Christopher Michael Olds (argued and briefed), Bubenzer & Associates, Frankfort, KY, for Defendant-Appellant.