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U.S. v. FERRON

No. 03-1911.

357 F.3d 722 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Robin FERRON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 9, 2004.

Attorney(s) appearing for the Case

Kelly B. Watzka (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

William U. Burke (argued), Brian P. Mullins, Federal Defender Services of Eastern Wisconsin, Inc., Milwaukee, WI, for Defendant-Appellant.

Before BAUER, POSNER, and EASTERBROOK, Circuit Judges.

BAUER, Circuit Judge.

Defendant Dr. Robin Ferron was charged by information and ultimately, pleaded guilty to one count of bank fraud. At sentencing, Ferron's request for a downward departure due to her claimed diminished capacity, see U.S.S.G. § 5K2.13, was denied. Ferron says that the district court judge committed error by refusing to consider evidence that he considered barred by the Federal Rules of Evidence. The evidence offered was the testimony...

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