United States of America, Plaintiff-appellee, v. Darnell Jordan, Defendant-appellant, 956 F.2d 1168 (9th Cir. 1992)
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U.S. Court of Appeals for the Ninth Circuit
- 956 F.2d 1168 (9th Cir. 1992)
Submitted March 6, 1992. *Decided March 12, 1992
Before CANBY, KOZINSKI and FERNANDEZ, Circuit Judges.
MEMORANDUM**
A district judge may not consider drug dependence when exercising his discretion regarding downward departures from the Guidelines. United States v. Martin, 938 F.2d 162, 164 (9th Cir. 1991); United States v. Sanchez, 933 F.2d 742, 746 (9th Cir. 1991). There was accordingly no error in the court's refusal to do so here.
AFFIRMED.
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