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Criminal Law

: Tenth Circuit Blog

Third Time A Small Charm for Defendant

By Shari Allison

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United States v. Wittig, ___F.3d___, 2008 WL_____, No. 07-3051 (10th Cir. June 17, 2008)Defendant?s third sentencing appeal (won the previous 2, and sentence went from 51 to 60 to the current 24 months imprisonment). The 24-month sentence was a variance from 0 to 6 months in a fraud case, but Court says it was procedurally and substantively reasonable under 18 USC 3553. Previous Wittig decisions held certain guideline enhancements were inapplicable, but that does not mean they could not be considered under 3553?perhaps ?a fine point,? said the court, but the guidelines can act as guideposts. What Defendant did win this time is a remand to remove an occupational restriction as a supervised release condition?that he not take any executive or professional position that involves engaging in financial negotiations without court approval...continue to full post

Full post as published by Tenth Circuit Blog on June 24, 2008 (boomark / email).

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