United States Seventh Circuit

A four-level departure for "severely diminished capacity to make good judgments", under U.S.S.G. section 5K2.13, was error where the record did not show that a heart disease sufferer had a mental condition disposing him to pedophilia.

Appellate Information

• Decided 10/06/2003
• Published 10/06/2003

Judges

• EASTERBROOK, Circuit Judge., Before EASTERBROOK, DIANE P. WOOD, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• T. Markus Funk (Argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Cynthia Giacchetti (Argued), Chicago, IL, for Defendant-Appellee.