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Court Rejects Diminished Capacity Argument, Touches on Crack Guideline Changes

By Jonathan Byrne

US v. Brewer: Brewer pleaded guilty to distributing crack. Prior to sentencing, it was established that Brewer suffered from serious mental deficits, with a tested IQ as low as 59. At sentencing, he argued for a downward departure under USSG 5K2.13 for diminished capacity. The court rejected that invitation, because based on a review of Brewer's evidence that he was "impulsive and a follower" and therefore posed a danger to society. The court then imposed a sentence of 70 months in prison. It's unclear from decision if Brewer also asked for a Booker variance on similar grounds.Brewer appealed his sentence, which the Fourth Circuit affirmed. First, the court reasserted its holding that it cannot review a district court's decision not to depart except on the ground that the court was incorrect in its ability to depart...continue to full post

Full post as published by Fourth Circuit Blog on March 21, 2008 (boomark / email).