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United States v. Binion
''United States v. Binion'', 132 F. App'x 89 (8th Cir. 2005), is a case in which the United States Court of Appeals for the Eighth Circuit applied two recent U.S. Supreme Court decisions (''United States v. Booker'', and ''United States v. Fanfan'', 543 U.S. 220 (2005) in reviewing the sentencing decision by the trial court and upheld by the Federal District Court for the Eastern District.
==Circumstances==
Dammeon Binion was arrested for possession of a firearm by a convicted felon. Representing himself, the defendant filed a ''pro se'' motion for a competence-to-stand-trial evaluation in which psychological tests were administered by a psychologist under the supervision of a psychiatrist who integrated the results and reported them to the court. Based on the test results and the discrepancy between these results and the defendant's observed behavior, the psychiatrist concluded that the defendant was most likely feigning mental illness and had no mental disorder. He further stated that the defendant's malingering was a "form of recreation rather than a design to accomplish secondary material gain".〔
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The defendant pleaded guilty to the offense. However, because of his reported malingering, he was also charged with obstruction of justice, which added two points to the sentencing recommendations. The court stated that because of the feigned illness, the defendant was not accepting responsibility for his behavior as is normally required in a plea of guilty, and the normal reduction in sentence for a guilty plea was therefore waived. The defendant was sentenced according to the guidelines recommended by the pre-sentence investigation.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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