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Although a crack cocaine defendant would have been eligible for a downward departure on his sentence on the ground of diminished mental capacity, a trial court's refusal to grant the departure is not reviewable because the trial court understood that it had the authority to grant it but declined to do so, the 4th U.S. Circuit Court of Appeals held. Plus, more of this week's court decisions.
March 31, 2008 at 12:00 AM
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The original version of this story was published on National Law Journal
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