United States v. Elizabeth R. Roach

WILLIAMS, Circuit Judge.

In this successive appeal we consider for the second time the propriety of Elizabeth R. Roach’s sentence for her conviction for wire fraud. Roach contends that our remand order vacating the district court’s sentence permitted the court to consider additional evidence regarding the vacated downward departure for diminished capacity. Therefore, she reasons, the district court erred at the resentencing hearing when it did not allow expert testimony regarding her state of mind at the time she committed the charged offense. We disagree. For the reasons stated below, we…