Hollins

United States v. Hollins

Good Law
17 F. App'x 651
United States Court of Appeals for the Ninth CircuitAugust 28, 2001No. 00-10601; D.C. No. CR-99-00326-MMCCalifornia386 words

Opinion

Lead Opinion

MEMORANDUM **

LeWayne I. Hollins appeals the 70-month sentence imposed by the district court following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand in part and dismiss in part.

Hollins contends that the district court erred by finding that his childhood abuse was not extraordinary for purposes *652 of a downward departure under United States v. Roe, 976 F.2d 1216 (9th Cir.1992) (concluding that where extraordinary childhood abuse is present, district court may consider such circumstance as ground for discretionary departure); see also United States v. Walter, 256 F.3d 891, 894 (9th Cir.2001) (stating that psychological effects of childhood abuse can only be considered if such abuse was “extraordinary”). We review for clear error a district court’s determination that childhood abuse was not extraordinary. Id.

The record here shows that as a child, Hollins was subjected to extreme verbal and physical abuse at the hands of his mother ranging from repeatedly being told that she hated him to being stomped on while naked, in addition to…

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