- Associated Press - Monday, February 16, 2015

CHICAGO (AP) - A Chicago-based appellate court says judges can boost defendants’ sentences if they fake mental illness to delay proceedings.

Judge Richard Posner wrote the unanimous opinion for a three-judge panel of the 7th U.S. District Court of Appeals. The court posted the ruling on Friday.

Anthony Wilbourn was convicted of a 2000 bank robbery in South Bend, Indiana. He told a psychologist he didn’t know what year it was and didn’t even know what a bank is. His U.S. judge in northern Indiana determined that wasn’t true.

For attempting to obstruct of justice, the judge added months to Wilbourn’s prison sentence. He received over 11 years overall.

Posner said he didn’t want to dissuade defendants who actually suffer from mental illness from saying so. But he says Wilbourn’s exaggerations were clear.



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