Monday, September 10, 2012

U.S. v. Williams, 11-30118 (09-07-12) (Tashima with Hug and Callahan).
This involves a sentencing grouping issue. The defendant tried to extort money for information and went to elaborate lengths, including blowing up a mailbox to show the FBI and investigators how serious his information was regarded. (It wasn't the brightest of schemes). There were also false statements, and possession of prohibited firearms, and fraud. The government argued and the court agreed that all the counts should be grouped because there was a common scheme or course of conduct. The defendant argued on appeal that the acts should be placed into two groups:  the mailbox incidents and fraud vs. the others.  The 9th agreed as the harms went to different victims. The sentence was vacated and remanded.

1 Comments:

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Tuesday, September 11, 2012 9:54:00 PM  

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