· 7/26/1990
United States v. Frank C. Doering, AKA Carl Marty Doering
Citations
- 909 F.2d 392
- 1990 U.S. App. LEXIS 12383
- 1990 WL 103079
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that “a defendant’s mental and emotional condition is ... relevant to a sentencing determination_ under section 5K2.13’s diminished capacity exception”
- finding that \a defendant's mental and emotional condition is ... relevant to a sentencing determination.... under section 5K2.13's diminished capacity exception\
- finding error where the district court “at least in part” based its decision to depart upward “upon [the defendant’s] need for psychiatric treatment”
- because Congress directed the Sentencing Commission to consider \rehabilitation” and providing defendants with \needed ... medical care, or other correctional treatment,” the need for psychiatric assistance was not a factor overlooked by the Commission
- \A defendant's mental and emotional condition is only relevant to a sentencing determination (1) in the extraordinary case and (2) as provided in Chapter Five of the Guidelines.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Wallace, Pregerson, Alarcon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.