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Criminal Law

: Kansas Federal Defender

Wittig "for the third time"

By Melody Evans and Kirk Redmond

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David Wittig's sentencing appeal from his first trial was finally affirmed. The 10th vacated his two prior sentences (51 months and 60 months), but we see the down side of Gall as this panel affirms this 24 month sentence. The correct guideline range was 0-6 months. The panel had to do some real semantical dancing to seal this deal. Here's one example:Having concluded the guidelines did not adequately account for the specific circumstances of the case, the court looked to the intended loss and gross receipts enhancements as guideposts for determining a proper sentence. As acknowledged by the court, Wittig I and II specifically foreclosed application of these enhancements. They did not, however, foreclose consideration of these enhancements...continue to full post

Full post as published by Kansas Federal Defender on June 18, 2008 (boomark / email).

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