Sentencing — reasonableness

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U.S. Court of Appeals for the 7th Circuit

Criminal

Sentencing — reasonableness

Where the district court explicitly rejected the defendant’s argument that her mental health warranted a lower sentence, there was no procedural unreasonableness.

“After noting that she had considered all of the issues presented, the district court judge concluded, ‘You’re responsible for your conduct. I do believe, truthfully, that [Assistant U.S. Attorney] Mr. Bass considered all the sentencing factors in coming to his recommendation for your sentence. And, certainly, those factors include your mental health and your physical condition with your MS, which I’m very glad to say is controlled at this time.’ Id. at p.272. Further noting Davis’ mental health condition, the district court judge encouraged Davis to continue with treatment through psychotherapy and medication, both in prison and after her release. Id. at 272, 275, 277. She also ordered that as a condition of probation Davis participate in psychiatric services or a program of mental health counseling and treatment, and that she take all prescribed medications as directed by the treatment providers. Id. at 275. These multiple discussions demonstrate that Davis’ mental and physical health were not only considered, but forefront in the judge’s mind during sentencing.”

Affirmed.

13-3297 U.S. v. Davis

Appeal from the United States District Court for the Central District of Illinois, Myerscough, J., Rovner, J.