United States Ninth Circuit

Sentence imposed upon defendant's conviction for mail fraud is affirmed where the sentence imposed following the district court's downward departure for mental and emotional condition, diminished capacity, and extraordinary family circumstances was not an abuse of discretion.

Appellate Information

• Argued 10/13/2004
• Decided 12/16/2005
• Published 12/16/2005

Judges

• GRABER, Circuit Judge:, Before: KLEINFELD, HAWKINS, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Nicholas A. Marsh, Trial Attorney, Criminal Division, Public Integrity Section, United States Department of Justice, Washington, D.C., for the plaintiff-appellant.


• For Appellees:
  
• Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellee.