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Ninth Circuit Holds Lenient Sentence Does Not Rise to Abuse of Discretion

By Douglas A. Berman

After pleading guilty to several counts of healthcare fraud, theft and money laundering, the defendant in United States v. Ruff, available here, a case decided today by the Ninth Circuit, was originally sentenced to 12 months and a day in prison and three years supervised release, with the recommendation that his sentence be served at a community corrections center where he could work, pay restitution and visit with his son.  After learning that the corrections center could only house the defendant if his confinement was as a condition of supervised release, the district court modified the sentence to one day of imprisonment and three years supervised release, with the condition that 12 months and a day of his supervised release be served at the corrections center...continue to full post

Full post as published by Sentencing Law and Policy on August 01, 2008 (boomark / email).