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Friday, February 13, 2015

Ind. Decisions - 7th Circuit decides one Indiana case today

In U.S.A. v. Wilbourn (ND Ind., Miller), a 5-page opinion, Judge Posner writes:

The defendant was convicted of bank robbery by force or violence, in violation of 18 U.S.C. § 2113(a), and for brandishing a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c). His appeal presents a question that heretofore this court has had no occasion to consider—whether a criminal defendant who by pretending to be mentally incompetent in an effort to delay or derail his prosecution is guilty of an obstruction of justice within the meaning of section 3C1.1 of the federal sentencing guidelines. * * *

This is, as we said at the outset, the first case in which our court has confronted the issue of obstructing justice by exaggerating symptoms at a competence hearing. But the only three other federal courts of appeals that have confronted it and issued published opinions have resolved it in the same way as we do in this opinion. See United States v. Aldawsari, 740 F.3d 1015, 1021 (5th Cir. 2014); United States v. Batista, 483 F.3d 193, 197–98 (3d Cir. 2007); United States v. Patti, 337 F.3d 1317, 1325 (11th Cir. 2003). AFFIRMED.

Posted by Marcia Oddi on February 13, 2015 05:48 PM
Posted to Ind. (7th Cir.) Decisions