Dist Ct. did not err in imposing 36-month, above guideline term of incarceration on mail fraud charge. While defendant argued that Dist. Ct. failed to take into consideration her diagnosed borderline bipolar disorder and adjustment disorder, Dist. Ct. adequately explained that defendant’s misconduct, which also occurred during her release on bail, was not entirely caused by failure of institutions to provide her with mental health care, and that defendant’s extensive criminal history created doubt that she would stop her criminal behavior at anytime. Moreover, Dist. Ct. did not ignore defendant’s mental health argument and specifically included as condition of probation that defendant seek mental health treatment. Also, Dist. Ct.’s explanation for why defendant deserved above guideline sentence demonstrated why it rejected defendant’s claim for below-guideline sentence.
Federal 7th Circuit Court
Criminal Court
Sentencing