(Download) "United States V. Johnson" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States V. Johnson
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 06, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
SUHRHEINRICH, Circuit Judge. Defendant William Harold Johnson pled guilty pursuant to a plea agreement to one count of bank fraud in violation of 18 U.S.C. § 1344, and one count of mail fraud in violation of 18 U.S.C. § 1341. At sentencing, the district court granted a downward departure based on alleged diminished mental capacity due to a mental disorder known as Severe Adjustment Disorder. The government appeals, claiming that the lower court improperly deviated from the written plea agreement; and that the basis for departure, that defendant's actions were "out of character for a person of Mr. Johnson's standing," is not a permissible basis for departure under U.S.S.G. § 5K2.13 p.s. For the reasons that follow, we conclude that while the court did not err in allowing defendant to attempt to establish a downward departure under § 5K2.13 p.s., the circumstances of this case do not warrant one. We therefore VACATE and REMAND for resentencing.