Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Seventhe Circuit rules for deadbeat dad (and creates circuit split) on double-counting argument

By Douglas A. Berman

Lots of different federal defendants have contended in lots of different settings that some set of guideline enhancements results in impermissible "double-counting." Though defendants rarely (if ever) prevailing on this kind of argument, one did today in the Seventh Circuit in US v. Bell, No. 09-2555 (7th Cir. Mar. 16, 2010) (available here). Here are the basics taken from the panel opinion: In 2008, a grand jury returned a one-count indictment charging Maurice Bell with willful failure to pay child support from February 2000 to June 2007, in violation of the Deadbeat Parents Punishment Act of 1998 (DPPA), 18 U.S.C. § 228(a)(3).... After a jury trial, Bell was convicted and subsequently sentenced to a term of 24 months? imprisonment and ordered to pay restitution in the amount of $83,890...continue to full post

Full post as published by Sentencing Law and Policy on March 16, 2010 (boomark / email).