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Fourth Circuit finds probationary sentence for tax evader procedurally and substantively unreasonable

By Douglas A. Berman

The Fourth Circuit has a thoughtful and interesting discussion of a host of post-Booker sentencing issues today in US v. Engle, No. 08-4497 (4th CIr. Jan. 13, 2010) (available here).  Every hard-core federal sentencing fan will want to read the whole Engle opinion, and here is how the it starts and ends: Frederick Engle pleaded guilty to tax evasion, see 26 U.S.C.A. § 7201 (West 2002), and the district court sentenced him to four years? probation, conditioned on the service of eighteen months? home detention with work release and international travel privileges.  The government appeals, challenging the reasonableness of the sentence.  For the reasons set forth below, we vacate the sentence and remand for resentencing.... To summarize, we conclude that the district court committed significant procedural error by minimizing of the seriousness of Engle?s conduct, failing to consider the relevant policy statements and the need for general deterrence, and insufficiently explaining the reasons for its view that a term of imprisonment was not required...continue to full post

Full post as published by Sentencing Law and Policy on January 13, 2010 (boomark / email).