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Gupta: Gupta Sentence Vacated Again

By Tim Cone

In U.S. v. Gupta, No. 08-12248 (June 23, 2009), on a government appeal, the Court vacated the sentence of three years probation and no restitution imposed on a Medicare fraud defendant.At sentencing, confronted with a government loss estimate of $3.4 million and a defendant estimate of zero, the district court split the difference and determined loss to be $1.5 million. The Court found this "arbitrary decision"to be a failure to resolve the factual issues underlying the loss issue.The Court also faulted the district court for granting an acceptance of responsibility sentence reduction, noting that the defendant had gone to trial and continued to protest his innocence after conviction. The reduction was a "gratuitous" decision.The district court further abused its discretion in failing to order restitution...continue to full post

Full post as published by Defense Newsletter Blog on June 24, 2009 (boomark / email).