United States v. Jose Garza Cantu

The Sentencing Guidelines permit a district court to depart downward if a defendant suffers from significantly reduced mental capacity that contributed to the commission of his or her offense. United States Sentencing Commission, Guidelines Manual, § 5K2.13 p.s. (Nov. 1991) (“U.S.S.G. § 5K2.13,” “§ 5K2.13”). The issue before us is whether the district court has the authority to depart downward pursuant to that guidelines provision where a defendant suffers from post-traumatic stress disorder. We hold that it does, vacate Cantu’s sentence, and remand.

BACKGROUND

After a dispute in a bar, Jose Garza Cantu, a Vietnam veteran, was "questioned by police and searched. The search revealed a loaded .22 caliber pistol tucked in his waistband. Cantu pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g), 924(a).

Before sentencing, Cantu presented the court with a report written by Dr. Paul Wert, a clinical' psychologist. The report stated that Cantu served as an infantry rifleman in the Marine Corps from 1966 to 1969, spending more than two years of that period in Vietnam. There, he “was involved in numerous firefights, search and destroy missions,…

concurring:

I agree with the majority that this ease must be remanded for resentencing, but my grounds for decision are more limited than those of the majority opinion.

At sentencing, the district court said to Cantu that “while it is clear [ ] that you are suffering from post traumatic stress disorder ... I can find nowhere in the report an indication that you are suffering from a significantly reduced mental capacity.” This comment indicates, I believe, that the sentencing judge believed that post-traumatic stress disorder, of itself, cannot constitute or rise to the level of a significantly reduced mental capacity. I agree with the majority that this proposition is erroneous as a matter of law, for reasons well stated by Judge Reinhardt in Section C.l of his majority opinion; I therefore concur in that part of his opinion.

Because the district court appears to have made the decision not to depart downward under the mistaken view that post-traumatic stress disorder could not qualify as “significantly reduced mental capacity” under Guideline § 5K2.13, we must vacate and remand for resentencing. See United States v. Brown, 985 F.2d 478, 483 (9th Cir.1993) (sentencing court s…

12 F.3d 1506 62 USLW 2467 UNITED STATES of America, Plaintiff-Appellee, v. Jose Garza CANTU, Defendant-Appellant. No. 92-30211. United States Court of Appeals, Ninth Circuit. Submitted March 5, 1993. * Decided Dec. 27, 1993. Thomas E. Cooney, Spokane, WA, for defendant-appellant. Rolf H. Tangvald, Asst. U.S. Atty., Spokane, WA, for plaintiff-appellee. Appeal from the United States District Court for the Eastern District of Washington. Before: CANBY, and REINHARDT, Circuit Judges, and TASHIMA, District Judge. ** REINHARDT, Circuit Judge: 1 The Sentencing Guidelines permit a district court to depart downward if a defendant suffers from significantly reduced mental capacity that contributed to the commission of his or her offense. United States Sentencing Commission, Guidelines Manual, Sec. 5K2.13 p.s. (Nov. 1991) ("U.S.S.G. Sec. 5K2.13," "Sec. 5K2.13"). The issue before us is whether the district court has the authority to depart downward pursuant to that guidelines provision where a defendant suffers from post-traumatic stress disorder. We hold that it does, vacate Cantu's sentence, and remand. BACKGROUND 2 After a dispute in a bar, Jose Garza Cantu, a Vietnam veteran, was…