United States Seventh Circuit

A defendant with an extensive criminal history, and who admitted guilt during a plea, is not eligible for a downward departure, under Section 5K2.13(1), (2) and (3), even if defendant establishes he suffers from diminished capacity.

Appellate Information

• Argued 11/09/2001
• Decided 12/27/2001
• Published 12/27/2001

Judges

• MANION, Circuit Judge., Before MANION, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Aylice Toohey (argued), Office of U.S. Atty., Chicago, IL, for Plaintiff-Appellee., Patrick W. Blegen (argued), Chicago, IL, for Defendant-Appellant.