Family and friends of Mr. xxxxxxxxxxxxxx have noticed the change a drug-free lifestyle has had on Mr. xxxxxxxxxxxxxx. Mr. xxxxxxxxxxxxxx' condition is atypical. His mental condition places his case outside of the heartland of cases covered by the Sentencing Guidelines. Additionally, his post-offense rehabilitation efforts in staying sober are remarkable. Mr. xxxxxxxxxxxxxx' diminished mental capacity and his post-offense rehabilitation efforts.
Relevant authority is discussed below.
The Statute and the Guidelines Authorize Downward Departures . Indeed, figures released by the Sentencing Commission indicate that in 1996 district court judges downwardly departed in almost one third of their cases. The table was prepared by the Sentencing Commission and published in Guide Lines , January 1998, p. 5. Thus, it is clear this Court is authorized to depart downwardly if appropriate. Based On Mr. xxxxxxxxxxxxxx ' Diminished Capacity .