A post-sentencing diagnosis of autism spectrum disorder will not result in admission of fresh evidence on appeal where the symptoms were substantially already before the sentencing judge, the diagnosis does not explain the offending conduct, and the report does not undermine the risk assessment. Mental impairment may simultaneously reduce the weight of general deterrence while increasing the need for specific deterrence and public protection.
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5 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.