U.S. v. Roach, No. 01-2618 (7th Cir.) (296 F.3d 565) (July 10, 2002) (Judge Ann Claire Williams)
Here the court held that in sentencing for an embezzlement conviction, a downward departure was improper under U.S.S.G. § 5K2.13 (Diminished Capacity) where defendant's mental condition at the time of the offense was not adequately assessed.
The defendant in this case, Elizabeth Roach, embezzled more than $ 240,000 from her …
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