Harmless Error to Exclude Psych Testimony on ADD at Sentencing, Says 7th Circuit

The Seventh Circuit says it was error to exclude testimony at the sentencing phase from a bank fraud defendant's psychologist, who opined that defendant was unable to concentrate on financial matters because he suffered from Attention Deficit Disorder. The district court ruled the testimony inadmissible under Daubert. The Seventh Circuit panel noted that under the sentencing guidelines, any testimony is admissible during sentencing proceedings if it bears "sufficient indicia of reliability" -- a less stringent standard than Daubert imposes. But the error was harmless, according to the panel, because the trial court did actually consider the testimony and legitimately discounted it. See United States v. Ferron, No. 03-1911 (7th Cir. Feb. 9, 2004) (Bauer, Posner, & Easterbrook, JJ.).