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Fourth Circuit affirms (way) above-guideline sentence in identity fraud case

By Douglas A. Berman

The Fourth Circuit today affirms a sentence in US v. Evans, No. 06-4789 (4th Cir. May 27, 2008) (available here) that is waaaaay above the applicable guideline range.  Here is how the opinion starts:Charged with possessing and uttering a forged security, committing identity fraud, and possessing stolen mail, Ulysses Ray Evans pled guilty to identity fraud pursuant to a plea agreement in which he reserved his right to appeal a sentence in excess of the advisory Guidelines range. The district court sentenced him to 125 months? imprisonment, a more than 300 percent deviation from the Guidelines range of twenty-four to thirty months. Evans appeals, maintaining that his sentence is unreasonable.  We placed the case in abeyance awaiting the Supreme Court decision in Gall v...continue to full post

Full post as published by Sentencing Law and Policy on May 27, 2008 (boomark / email).