United States v. Major Samson Dillard, 975 F.2d 1554 (8th Cir. 1992). · Go Syfert
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United States v. Major Samson Dillard, 975 F.2d 1554 (8th Cir. 1992). Cases Citing This Book View Copy Cite
31 citation events (16 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Christopher Myers (ca8, 2007-10-04)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Christopher Myers
8th Cir. · 2007 · confidence medium
The district court stated that Myers’s “diminished capacity” – the key basis for the departure – was “not taken into consideration by the Sentencing Commission in formulating the guidelines.” This is error. “[T]he Sentencing Commission adequately considered the circumstances for downward departure based on diminished mental capacity when it formulated section 5K2.13, thus foreclosing consideration of diminished mental capacity under section 5K2.0.” United States v. Dillard, 975 F.2d 1554, 1554 (8th Cir. 1992)(involving violent offense under 5K2.13).
discussed Cited as authority (rule) United States v. Myers
8th Cir. · 2007 · confidence medium
The district court stated that Myers’s “diminished capacity” — the key basis for the departure — was “not taken into consideration by the Sentencing Commission in formulating the guidelines.” This is error. “[T]he Sentencing Commission adequately considered the circumstances for downward departure based on diminished mental capacity when it formulated section 5K2.13, thus foreclosing consideration of diminished mental capacity under section 5K2.0.” United States v. Dillard, 975 F.2d 1554, 1554 (8th Cir.1992)(involving violent offense under 5K2.13).
cited Cited as authority (rule) United States v. Robert R. Krilich, Krilich Companies, Inc., Riverwoods Development Corp.
7th Cir. · 2002 · confidence medium
Agency, 961 F.2d 1310, 1316 (7th Cir.1992) (‘Hoffman Homes I ”), vacated by 975 F.2d 1554 *786 (7th Cir.1992).
discussed Cited as authority (rule) United States v. Michael T. Petersen
8th Cir. · 2002 · confidence medium
However, he has raised no issues on appeal aside from his opposition to the government's appeal. -6- A. Temporary Insanity While the guidelines do not address "temporary insanity" as a basis for departure, they do specifically address "a significantly reduced mental capacity." USSG § 5K2.13, p.s.4 Thus, the Sentencing Commission adequately considered mental capacity as a basis for downward departure and USSG § 5K2.13 provides the only basis for such a departure, "'foreclosing consideration of diminished mental capacity under section 5K2.0.'" Premachandra v. United States, 101 F.3d 68, 70 (8t…
discussed Cited as authority (rule) Yoganand Premachandra v. United States
8th Cir. · 1996 · confidence medium
Because Premachan-dra’s argument for departure is that he suffers from a mental condition that diminishes his criminal capacity, the district court correctly held that § 5K2.13 provides the only basis for departure under our decision in United States v. Dillard, 975 F.2d 1554, 1555 (8th Cir.1992), cert. denied, 507 U.S. 962 , 113 S.Ct. 1389 , 122 L.Ed.2d 764 (1993): [T]he Sentencing Commission adequately considered the circumstances for downward departure based on diminished mental capacity when it formulated section 5K2.13, thus foreclosing consideration of diminished mental capacity under…
discussed Cited as authority (rule) Yoganand Premachandr v. United States
8th Cir. · 1996 · confidence medium
Because Premachandra's argument for departure is that he suffers from a mental condition that diminishes his criminal capacity, the district court correctly held that § 5K2.13 provides the only basis for departure under our decision in United States v. Dillard, 975 F.2d 1554, 1555 (8th Cir. 1992), cert. denied, 507 U.S. 962 (1993): [T]he Sentencing Commission adequately considered the circumstances for downward departure based on diminished mental capacity when it formulated section 5K2.13, thus foreclosing consideration of diminished mental capacity under section 5K2.0.
cited Cited as authority (rule) United States v. Yoganand Premachandra
8th Cir. · 1994 · confidence medium
United States v. Dillard, 975 F.2d 1554, 1555 (8th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1389 , 122 L.Ed.2d 764 (1993).
discussed Cited as authority (rule) United States v. Dennis Braxton AKA Dennis Baxter, Cross-Appellee
11th Cir. · 1994 · confidence medium
E.g., United States v. Dillard, 975 F.2d 1554, 1555 (8th Cir.1992), cert. denied, - U.S. -, 113 S.Ct. 1389 , 122 L.Ed.2d 764 (1993); United States v. Lauzon, 938 F.2d 326, 333 (1st Cir.), cert. denied, - U.S. -, 112 S.Ct. 450 , 116 L.Ed.2d 468 (1991). 3 .Braxton makes two other arguments, which we find meritless.
discussed Cited as authority (rule) United States v. James Dewayne Kilby
8th Cir. · 1992 · confidence medium
We affirm. 2 Because Kilby asserts that his diminished mental capacity resulted from his drug use, we conclude the district court could not depart under U.S.S.G. § 5K2.13, p.s., which provides that a lower sentence may be warranted "[i]f the defendant committed a non-violent offense while suffering from significantly reduced mental capacity not resulting from voluntary use of drugs...." Additionally, we recently held that "the Sentencing Commission adequately considered the circumstances for downward departure based on diminished mental capacity when it formulated section 5K2.13, thus foreclo…
discussed Cited "see" United States v. Craig David McCart
8th Cir. · 2004 · signal: see · confidence high
See United States v. Dillard, 975 F.2d 1554, 1555 (8th Cir.1992) (§ 5K2.0 diminished capacity departure precluded by § 5K2.13 if violent offense is involved); see also United States v. Petersen, 276 F.3d 432 , 436—37 (8th Cir.2002) (same).
discussed Cited "see" United States v. Craig David McCart
8th Cir. · 2004 · signal: see · confidence high
See United States v. Dillard, 975 F.2d 1554, 1555 (8th Cir. 1992) (§ 5K2.0 diminished capacity departure precluded by § 5K2.13 if violent offense is involved); see also United States v. Petersen, 276 F.3d 432 , 436–37 (8th Cir. 2002) (same).
discussed Cited "see" United States v. Ira H. Roberts (2×)
8th Cir. · 2003 · signal: see · confidence high
See United States v. Dillard, 975 F.2d 1554, 1555 (8th Cir.1992) (§ 5K2.0 diminished capacity departure precluded by § 5K2.13 if violent offense is involved); see also United States v. Petersen, 276 F.3d 432, 436-37 (8th Cir.2002) (same).
discussed Cited "see" United States v. Ira Roberts
8th Cir. · 2002 · signal: see · confidence high
See United States v. Dillard, 975 F.2d 1554, 1555 (8th Cir. 1992) (§ 5K2.0 diminished capacity departure precluded by § 5K2.13 if violent offense is involved); see also United States v. Petersen, 276 F.3d 432, 436-37 (8th Cir. 2002) (same).
cited Cited "see" United States v. Krilich
N.D. Ill. · 1996 · signal: see · confidence high
See Hoffman Homes, Inc. v. Administrator, United States EPA 975 F.2d 1554 (7th Cir. Sept.4, 1992).
discussed Cited "see" Hoffman Homes, Incorporated, Formerly Known as Hoffman Group v. Administrator, United States Environmental Protection Agency (2×)
7th Cir. · 1993 · signal: see · confidence high
See Hoffman Homes, Inc. v. Administrator, United States E.P.A., 975 F.2d 1554, 1554 (7th Cir.1992).
discussed Cited "see, e.g." United States v. Follette
D. Neb. · 1998 · signal: compare · confidence medium
Compare United States v. Dillard, 975 F.2d 1554, 1555 (8th Cir.1992) (where lone reason for departure was diminished capacity, Sentencing Commission’s consideration of diminished capacity under section 5K2.13 precluded consideration of diminished capacity under section 5K2.0), cert. denied, 507 U.S. 962 , 113 S.Ct. 1389 , 122 L.Ed.2d 764 (1993).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Major Samson DILLARD, Appellant
92-1849.
Court of Appeals for the Eighth Circuit.
Oct 5, 1992.
975 F.2d 1554
Andrea K. George, Minneapolis, Minn., for appellant., Jeffrey S. Paulsen, Minneapolis, Minn., for appellee.
Arnold, Henley, Fagg.
Cited by 14 opinions  |  Published
FAGG, Circuit Judge.

Major Samson Dillard appeals the district court’s denial of his motion for a downward departure from the applicable sentencing guidelines range based on his mental condition. We affirm.

Dillard pleaded guilty to a violent crime. At sentencing, Dillard requested a downward departure because his paranoid schizophrenia was a “mitigating circumstance ... not adequately taken into consideration by the Sentencing Commission in formulating the guidelines.” 18 U.S.C. § 3553(b) (1988); U.S.S.G. § 5K2.0 (Nov. 1991). The district court found Dillard suffered from diminished mental capacity, but concluded it lacked authority to depart downward under section 5K2.0 because the Sentencing Commission took diminished mental capacity into consideration in formulating U.S.S.G. § 5K2.13 (Nov.1991). We have jurisdiction to review Dillard’s claim that the district court believed it lacked authority to depart downward from the guidelines range. United States v. Garlich, 951 F.2d 161, 163 (8th Cir.1991).

Although “[mjental and emotional conditions are not ordinarily relevant in determining whether a sentence would be outside the applicable guideline range,” U.S.S.G. § 5H1.3 (Nov. 1991), a court may depart under the conditions specified in section 5K2.13. That section provides:

If the defendant committed a non-violent offense while suffering from significantly reduced mental capacity not resulting from voluntary use of drugs or other intoxicants, a lower sentence may be warranted to reflect the extent to which reduced mental capacity contributed to the commission of the offense, provided that the defendant’s criminal histo-
975 F.2d — 35 ry does not indicate a need for incarceration to protect the public.

U.S.S.G. § 5K2.13 (Nov. 1991).

We conclude the Sentencing Commission adequately considered the circumstances for downward departure based on diminished mental capacity when it formulated section 5K2.13, thus foreclosing consideration of diminished mental capacity under section 5K2.0. Because Dillard committed a violent offense, he is not entitled to a downward departure under section 5K2.13. United States v. Sanchez, 933 F.2d 742, 747 (9th Cir.1991); United States v. Russell, 917 F.2d 512, 517 (11th Cir.1990), cert. denied, — U.S.-, 111 S.Ct. 1427, 113 L.Ed.2d 479 (1991); United States v. Rosen, 896 F.2d 789, 791 (3d Cir.1990); United States v. Maddalena, 893 F.2d 815, 818-19 (6th Cir.1989). But see United States v. Spedalieri, 910 F.2d 707, 711 (10th Cir.1990) (district court may exercise discretion). Thus, we agree with the district court that it lacked authority to depart downward.

Accordingly, we affirm.