United States of America, Plaintiff-appellee, v. Holly Kay Prill, Aka Holly Kay Finn, Defendant-appellant, 127 F.3d 1107 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 127 F.3d 1107 (9th Cir. 1997) Submitted October 7, 1997**Decided Oct. 17, 1997

Appeal from the United States District Court for the Western District of Washington, No. CR-96-00569-BJR; Barbara J. Rothstein, District Judge, Presiding.

Before: FERGUSON, BOOCHEVER, and TROTT, Circuit Judges.

MEMORANDUM^*

The district court correctly exercised its discretion by refusing to depart downward from the U.S. Sentencing Guidelines Manual § 5H1.3 (1995). Discouraged factors, such as a mental condition in a violent offense, can only be considered in "exceptional cases" falling outside the "heartland" of factors already considered in the Guidelines. Koon v. United States, 116 S. Ct. 2035, 2045 (1996). It is apparent that the district court understood its discretion to depart from the guidelines if the Appellant's mental condition was outside the "heartland" of cases evidenced in the guidelines. Although we might have sympathy for the appellant, this was not perforce an exceptional case.

AFFIRMED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts in this circuit except as provided by Ninth Circuit Rule 36-3

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