Summary
noting that “[e]ven if [defendant] could prove his allegation that post-traumatic stress disorder rendered him more susceptible to committing this offense, such an allegation is not responsive to U.S.S.G. § 5K2.13” because the alleged disorder did not demonstrate an inability to reason
Summary of this case from Mann v. United StatesOpinion
No. 00-50048.
Filed July 31, 2002.
Patrick K. O'Toole, United States Attorney, David P. Curnow, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for Plaintiff-Appellee.
Troy A. Britt, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.
On Remand from the United States Supreme Court.
Before BOOCHEVER, TASHIMA and TALLMAN, Circuit Judges.
ORDER
The judgment of this court, 241 F.3d 1157, has been reversed by the United States Supreme Court. United States v. Ruiz, ___ U.S. ___, 122 S.Ct. 2450, 153 L.Ed.2d 586 (2002). Ruiz's sentence is affirmed.