United States v. David Scott Golden

103 F.3d 142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Scott GOLDEN, Defendant-Appellant. No. 95-10562. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1996. * Decided Nov. 20, 1996. Before: HUG, Chief Judge, REAVLEY ** and LEAVY, Circuit Judges. 1 MEMORANDUM *** 2 Appellant David Golden was convicted of several counts of bank robbery. He was unarmed when he committed the offenses. The district court denied his request for a downward departure based on diminished capacity under U.S.S.G. § 5K2.13, which provides that a downward adjustment may be warranted where "the defendant committed a non-violent offense while suffering from significantly reduced mental capacity...." 3 Golden has filed a brief with a suggestion for initial rehearing en banc. As a panel, we are bound by United States v. Borrayo, 898 F.2d 91 (9th Cir.1989), which held that a downward adjustment for diminished capacity was…