MOTION FOR DOWNWARD DEPARTURE

COMES NOW, the defendant, *, by undersigned counsel, hereby moves this Honorable Court to grant her a downward departure, pursuant to USSG §5K2.13, p.s., diminished capacity, in her sentence. As grounds for this motion, defendant states as follows:

1. Defendant's sentencing is scheduled for March 14, 1994 at 9:00 a.m.

2. It is defendant's request that the Court grant her a downward departure due to her diminished capacity at the time the offense was committed. USSG §5K2.13 states as follows:

If the defendant committed a non-violent offense while suffering from significantly reduced mental capacity not resulting from voluntary use of drugs or other intoxicants, a lower sentence may be warranted to reflect the extent to which reduced mental capacity contributed to the commission of the offense, provided that the defendant's criminal history does not indicate a need for incarceration to protect the public.

3. In advocating the diminished capacity ground for departure, defendant will rely on the report and testimony of Dr. Ernest Miller. A copy of Dr. Miller's report regarding * is attached to this motion.

MEMORANDUM OF LAW

In United States v. Philibert, 947 F.2d 1467, 1471 (11th Cir. 1991), the Eleventh Circuit recognized that the Court has the authority to grant a downward departure based on diminished

capacity in the appropriate case.

Respectfully submitted,

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