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Bipolar defense fails in wire fraud, tax evasion appeal

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A woman sentenced to five years in prison after she pleaded guilty to charges of wire fraud and tax evasion for swindling an elderly couple failed to persuade the 7th Circuit Court of Appeals to revise her sentence.

The panel affirmed the 60-month sentence imposed by U.S. District Judge Sarah Evans Barker of the Southern District of Indiana in United States of America v. Stephanie L. Donelli, 13-2548. Stephanie Donelli was convicted of inducing a couple to “lend” her money more than 500 times, totaling almost $443,000. She peddled a phony story that her daughter was awaiting a $750,000 settlement for injuries sustained in a crash involving a drunken driver.

“Donelli asserts that briefly mentioning her bipolar disorder at sentencing was enough to require a response from the district court,” Judge David Hamilton wrote for the panel.

“We disagree, and we affirm Donelli’s sentence for two independent reasons. First, she failed to present the fact of her diagnosis as a principal argument in mitigation relevant to her sentence,” Hamilton wrote. She also waived her claim of error “by telling the district court at the close of her sentencing hearing that she had no objection to her sentence apart from the fact that the sentence was above the guidleline range.”

Hamilton wrote the District Court didn’t fail to comply with its duty under United States v. Cunningham, 429 F.3d 673 (7th Cir. 2005), requiring sentencing judges to address a defendant’s principal arguments in mitigation when those arguments have recognized legal merit.

Counsel’s statement at sentencing, “'The defendant has a mental illness’ is an observation of fact, not an argument in mitigation,” Hamilton wrote. “The few statements about bipolar II disorder made by Donelli’s lawyer at sentencing did not amount to an argument in mitigation that the district court had a duty to discuss.”

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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