United States v. Antonio Andrew Smith

This appeal assigns as error the district court’s conclusion that the restriction in U.S.S.G. § 5K2.13 precluded a downward departure despite the existence of the extraordinary circumstances surrounding the defendant’s mental condition. Because the district court properly interpreted the sentencing guidelines, we AFFIRM.

BACKGROUND

Antonio Andrew Smith (“Smith”) pled guilty to unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). In its Pre-sentence Report (“PSR”), the United States Probation Office (“Probation”) calculated Smith’s total offense level at 21, with a criminal history category of VI, resulting in a sentencing guideline range of seventy-seven to ninety-six months. Smith filed a sentencing memorandum, under seal, requesting that the district court depart downward based upon his mental state at the time of the offense, including pathological personality traits; chronic depression; and drug and alcohol addiction. Smith asserted that he suffered from “unique mental and emotional conditions at the time of the offense which were present to an extraordinary degree.” Smith referred to his mother’s severe psychological condition, his alcoholic father, and childhood…