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Home / Opinion Digests / Criminal – Sentencing – Child Pornography – Diminished Capacity (access required)

Criminal – Sentencing – Child Pornography – Diminished Capacity (access required)

A defendant who pleaded guilty to receipt of child pornography and coercion and enticement of a minor is not entitled to a downward departure on the basis of diminished capacity, which he seeks based on his diagnosis of bipolar disorder. The guidelines prohibit departure due to diminished capacity where a defendant has been convicted of an ...

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