United States v. Robin Ferron

BAUER, Circuit Judge.

Defendant Dr. Robin Ferron was charged by information and ultimately, pleaded guilty to one count of bank fraud. At sentencing, Ferron’s request for a downward departure due to her claimed diminished capacity, see U.S.S.G. § 5K2.13, was denied. Ferron says that the district court judge committed error by refusing to consider evidence that he considered barred by the Federal Rules of Evidence. The evidence offered was the testimony of a clinical psychologist which the court held was barred by the ruling in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct.…