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Criminal Law

: Sentencing Law and Policy

Interesting Seventh Circuit ruling on experts at sentencing

By Douglas A. Berman

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Though today is surely a day for post-election political buzz, the law beat goes on.  And Judge Posner continues his tendency to produce buzz-worthy sentencing opinions for the Seventh Circuit with an opinion today in US v. Anderson, No. 07-3654 (7th Cir. Nov. 6, 2008) (available here). Here is the start and the key paragraph of a short opinion that is long on interesting passages: The defendant pleaded guilty to committing a bank robbery in 2007. Before sentencing, he moved under 18 U.S.C. § 3006A for the appointment of a mental health expert to evaluate him for diminished mental capacity.  The district judge denied the motion.  The defendant asks us to vacate the sentence and direct the district judge to appoint a mental health expert and upon receiving the report to resentence the defendant...continue to full post

Full post as published by Sentencing Law and Policy on November 05, 2008 (boomark / email).

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