United States Seventh Circuit

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US v. ROACH, 01-2618

In sentencing after an embezzlement conviction, a downward departure was improper under U.S.S.G. section 5K2.13 (for an offense committed while suffering from a significantly reduced mental capacity) where defendant's mental condition at the time of the offense was not adequately assessed.

Appellate Information

  • Argued 12/03/2001
  • Decided 07/10/2002
  • Published 07/10/2002

Judges

  • WILLIAMS, Circuit Judge., Before POSNER, EVANS, and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • David E. Bindi (argued), Office of the United States Attorney Criminal Division, Chicago, IL, for plaintiff-appellant.

  • For Appellees:
  • Jeffery B. Steinback (argued), Chicago, IL, for defendant-appellee.
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