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Federal Judiciary

: Second Circuit Sentencing Blog

A Wild Sentencing Story

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United States v. Walker, No. 08-1474-cr (2d Cir. April 8, 2009) (found here)

You don't often see a story like this one.

Walker was sentenced to 96 months for two counts of bank fraud. On appeal, he argued that (among other things) the sentence was "greater than necessary" to accomplish the purposes of sentencing set forth in 18 U.S.C. § 3553(a). Obviously, the district court had disagreed, particularly in light of Walker's "monstrous," "ghoulish" and "audacious" conduct while awaiting sentencing. So, what did Walker do? Read on:

Defendant assumed the identity of a different Kevin Walker, who was dying of terminal cancer at Calvary Hospital in the Bronx, in a failed effort to convince the Bureau of Prisons and the District Court that he should be spared imprisonment. Adding insult to injury, he professed at the March 14, 2008 re-sentencing hearing merely to have ?exaggerated? the extent of his pre-existing medical condition. J.A. 97. In truth, defendant was never suffering from, much less dying from, cancer. His ongoing propensity for fraud, his contempt for the courts, and his callous imposition on a dying man with the same name fully support an upward departure.

Full post as published by Second Circuit Sentencing Blog on April 08, 2009 (boomark / email).