United States Seventh Circuit

In applying USSG 2B3.1(b)(3), upward departure for inflicting life-threatening injury, the district court is not constrained by the diagnosis of treating physicians, but may look to the evidence as a whole.

Appellate Information

• Argued 06/12/2001
• Decided 07/23/2001
• Published 07/23/2001

Judges

• DIANE P. WOOD, Circuit Judge., Before MANION, DIANE P. WOOD, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Aylice Toohey (argued), Office of the U.S. Attorney, Chicago, IL, for plaintiff-appellee., Robert A. Handelsman (argued), Chicago, IL, for defendant-appellant.