Extreme upward sentence variance warranted where defendant commits additional crimes while on bond awaiting sentencing
SENTENCING United States v. Mumma, No. 06-3163, ___ F.3d ___ (10th Cir. Dec. 7, 2007)(Kansas). Appeal of sentence for making false statement to financial institution and bankruptcy fraud in violation of 18 U.S.C. § 1014 and 152(3). HELD: District court did not abuse its discretion by imposing 48-month sentence where sentencing guidelines range was 6-12 months. 300% upward variance was extreme but reasonable. Defendant’s long criminal history of similar fraud and deceit crimes as well as her commission of similar fraud crime while on bond awaiting sentencing showed she was habitual criminal showing disregard for law and district court. Read the opinion here. |
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