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Articles Posted in Federal Sentencing

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Sentence enhancements upheld for doctoring records after VA patient’s death

In this appeal Mathews Martinez appeals his 60 month sentence for his conviction for intentionally causing damage to a protected computer of the Department of Veterans Affairs and resulted in the modification and impairment of the medical care of an individual and for knowing altering ad making a false entry…

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Sentence reversed for inaccurate loss amount and denying a minor role

Presendieu and Jean were indicted on bank fraud conspiracy and aggravated identity theft for participating in a check cashing scheme where they cashed fraudulent checks at Kwik Stop Food Store owned by Habib. Presendieu pled guilty to conspiracy to commit bank fraud in violation of 18 U.S.C. 1349 and aggravated…

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Case remanded because the judge failed to personally address the Defendant at sentencing

George appealed his 259 month sentence imposed after a jury trial resulted in his conviction for conspiracy to engage in drug distribution, Hobbs act robbery, possession of unauthorized access devises, and aggravated identity theft activities. He was acquitted of possession of a firearm in furtherance of a drug trafficking offense.…

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New sentencing for defendant but only for a chance to address the judge

George appealed his 259 month sentence imposed after a jury trial resulted in his conviction for conspiracy to engage in drug distribution, Hobbs act robbery, possession of unauthorized access devises, and aggravated identity theft activities. He was acquitted of possession of a firearm in furtherance of a drug trafficking offense.…

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Terrorist conviction and sentence upheld

Sami Osmakac was convicted and sentenced to 42 years in prison following a 10-day trial for attempting to carry out a terrorist plot in Tampa, Florida, and for possessing a firearm not registered to him. After the F.B.I. received a tip from a confidential informant a store owner selling trinkets…

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New sentencing hearing ordered for evidence to support identity theft enhancement

In U.S. v Wright the defendant Wright pled guilty to conspiracy to commit wire fraud and aggravated identity theft by filing fraudulent tax returns in the name of identity theft victims in order to obtain the refunds in violation of 18 USC §1349 and possessing 15 or more counterfeit and unauthorized…

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Sentence increase for past sexual acts on a minor upheld.

  David Ryan Alberts was sentenced to 120 months after pleading to receiving and possessing child pornography. Albers was arrested after F.B.I. agents in Orlando Florida went to Albert’s home and where he admitted accessing and receiving and possessing child pornography as long as 15 years ago. They discovered over…

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A jury does not have to unanimously decide the type of sexual activity the defendant attempted to commit on a minor to violate federal statute.

Defendant Freeman Jockisch was indicted and convicted of a violation 18 USC §2422(b) which prohibits the use of the Internet to attempt to persuade a minor to engage in sexual activity. The indictment alleged he tried to commit rape in the second degree, sodomy in the second degree, and sexual…

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Restitution for the future needs of the victim of child sexual abuse is upheld

  In U.S. v. Osman, the defendant appealed his restitution order following his guilty plea to one count of production of child pornography, one count of distribution of child pornography and one count of possession of child pornography. On six occasions Osman sexually abused an molested his approximately one-year-old daughter…

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