United States Seventh Circuit

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.