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Upward Variance for Embezzling Tribal Official Affirmed

By Shari Allison

US v. Bullcoming, No. 09-6010, 9/3/09 - Defendant, a tribal official entrusted with handling his district?s share of gaming revenue, pled guilty to one count of embezzlement in exchange for dismissal of other counts and agreed to substantial restitution. He received a two-level decrease for acceptance of responsibility. At sentencing, another tribal official testified on behalf of the tribe that defendant had never accepted responsibility for his actions in stealing from the tribe in a separate case prosecuted in tribal court, and the government argued that it would probably never be able to prove the full amount of restitution. Defendant objected to none of this. The district court varied upward from the top of the guidelines range of 18 months and sentenced defendant to 36 months...continue to full post

Full post as published by Tenth Circuit Blog on September 04, 2009 (boomark / email).