United States Eighth Circuit

Under circuit precedent, a bank robbery in the presence of an individual is a crime of violence and renders a defendant ineligible for a downward departure based on reduced mental capacity under U.S.S.G. section 5K2.13.

Appellate Information

• Decided 02/27/2004
• Published 02/27/2004

Judges

• PER CURIAM., Before MELLOY, BEAM, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen C. Moss, argued, Federal Public Defender, Kansas City, MO, for appellant.


• For Appellees:
  
• D. Michael Green, argued, Asst. U.S. Attorney, Kansas City, MO, for appellee.