ORAL ARGUMENT NOT YET SCHEDULED



UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT



_________________________________________________________________





NO. xxxxxxxx

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UNITED STATES OF AMERICA, Plaintiff-Appellee,



v.



xxxxxxxxxxxxxxxxxx, Defendant-Appellant.



_________________________________________________________________





APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA



_________________________________________________________________





BRIEF OF APPELLANT



_________________________________________________________________


A.J. KRAMER

FEDERAL PUBLIC DEFENDER





AMY SEIDMAN

Assistant Federal Public Defender

Counsel for Appellant

625 Indiana Avenue, N.W.

Suite 550

Washington, D.C. 20004

(202)208-7500




District Court

Cr. No. xxxxxxxxxx

CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES

Pursuant to Rule 11 of the General Rules of this court, appellant hereby states as follows:

A. Parties and Amici: The parties below and in this court are the defendant-appellant, xxxxxxxxxxxx, and the plaintiff-appellee, the United States of America. There are no intervenors or amici, either in the district court or this court.

B. Rulings Under Review: The district court's finding that Ms. xxxxxx was "more than a facilitator" in the offense and was therefore ineligible for an adjustment for her mitigating role under U.S.S.G. 3B1.2.

The district court's ruling that because Ms. xxxxxx's intellectual abilities were not impaired , she was not entitled to a downward departure for diminished capacity pursuant to U.S.S.G. 5K2.13.

C. Related Cases: This case has not been before this court or any other court previously. There are no related cases of which appellant is aware.

TABLE OF CONTENTS



TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . . . .

ISSUES PRESENTED . . . . . . . . . . . . . . . . . . . . . .

STATUTES AND REGULATIONS . . . . . . . . . . . . . . . . . .

JURISDICTION . . . . . . . . . . . . . . . . . . . . . . . .

STATEMENT OF THE CASE . . . . . . . . . . . . . . . . . . .

A. The Proceedings Below . . . . . . . . . . . . . . .

B. Statement of Facts. . . . . . . . . . . . . . . . .

1. The Guilty Plea

2. Objections to Presentence Report

3. The Sentencing Hearing

SUMMARY OF ARGUMENT . . . . . . . . . . . . . . . . . . . . .

ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . .

I. THE TRIAL COURT ERRED WHEN IT RULED THAT MS. xxxxxx WAS MORE THAN A FACILITATOR IN THE OFFENSE AND THEREFORE WAS INELIGIBLE FOR AN ADJUSTMENT FOR HER MITIGATING ROLE UNDER U.S.G.G. 3B1.2.



A. Standard of Review.

B. The district court's ruling that Ms. xxxxxx was more than a facilitator and not eligible for a minor role adjustment was .

C. The court may consider relevant conduct to determine whether the defendant was less culpable.





CONCLUSION

CERTIFICATE OF LENGTH

CERTIFICATE OF SERVICE

ADDENDUM



TABLE OF AUTHORITIES

CASES











STATUTES & FEDERAL RULES









SENTENCING GUIDELINES





STATUTES AND REGULATIONS

Pursuant to Rule 28(f) of the Federal Rules of Appellate Procedure and D.C. Circuit Rule 28(a)(5), pertinent statutes, rules, and guidelines are reproduced in the Addendum to this brief.