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Long split Sixth Circuit opinion discussing lots of modern federal sentencing issues

By Douglas A. Berman

The Sixth Circuit issued a long split opinion this morning in US v. O?Georgia, No. 05-2598 (6th Cir. June 24, 2009) (available here). The start of the majority's ruling provides some flavor of the many issues covered: Mark Arhebamen, also known as McMaine Allen O?Georgia, pled guilty in 2001 to one count of aiding and assisting in the preparation of a false federal income tax return.  He received a sentence of 21 months of imprisonment plus one year of supervised release.  This court affirmed his conviction and sentence, but the Supreme Court remanded the case in 2005 for resentencing in light of United States v. Booker, 543 U.S. 220 (2005).  The district court reimposed the same sentence. While the appeal of his conviction and sentence was pending, Arhebamen was prosecuted separately for conduct that occurred during the false-tax-return proceedings...continue to full post

Full post as published by Sentencing Law and Policy on June 24, 2009 (boomark / email).