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Criminal Law

: Puerto Rico Association of Criminal Defense Lawyers

7th Circuit is Afraid of the Briar Patch?

By Tom Lincoln

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In United States v. LaGiglio, No. 04-2934 (7th Cir. Oct. 8, 2004), an appeal by the government, and an opinion by Judge Posner (who wrote the Booker majority opinion),[a] jury convicted Bonnie LaGiglio of conspiracy to impede collection of taxes by the Internal Revenue Service, 18 U.S.C. § 371, an offense for which the federal sentencing guidelines prescribe a base offense level of 10; but, consistent with the guidelines, the judge increased LaGiglio?s offense level by a total of 11 because of the amount of the government?s tax loss and LaGiglio?s use of sophisticated means to commit the crime, and sentenced her to 41 months in prison.The level 10 translated into a sentence of 12 months, and defendant had already served that much. She had requested that she be released pending her appeal, and the district court had denied her request...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on October 10, 2004 (boomark / email).

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