United States v. Clark McCormick Kimball

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Clark McCormick KIMBALL, Defendant-Appellant. No. 92-30133. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 1, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 * BACKGROUND 3 Clark McCormick Kimball (Kimball) pled guilty to one count of manufacturing marijuana in violation of 21 U.S.C. § 841 (a)(1). At sentencing, Kimball argued that he was entitled to a downward departure pursuant to U.S.S.G. § 5K2.13 because he committed the crime while suffering from diminished capacity. The district court considered the oral testimony of Dr. Jerry K. Larsen and a psychiatric report he submitted in which Larsen concluded that Kimball had suffered from a "major depressive episode" at the time he committed the crime. Larsen further concluded that Kimball's depression was 75% responsible for his conduct. 4…