United States Sixth Circuit

Sentence for possessing child pornography is affirmed where the court's refusal to grant the downward departure is unreviewable on appeal because the court was aware of its discretion to grant a departure for diminished capacity but determined that the facts of the case did not justify such a departure.

Appellate Information

• Decided 11/05/2003
• Published 11/05/2003

Judges

• Before:  MARTIN and SUTTON, Circuit Judges;  MILLS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• John K. West (briefed), Mccoy, West, Franklin & Beal, Lexington, KY, for Appellant.


• For Appellees:
  
• Charles P. Wisdom, Jr. (argued), Mark A. Wohlander, Asst. U.S. Atty., Lexington, KY, for Appellee.