Monday, June 27, 2005

Court upholds sentence

The Eighth Circuit Court of Appeals today upheld the sentencing of Anthony Collier (KCMO), who pleaded guilty to identity theft and bank fraud and received an upward departure at his sentencing hearing (here is our news release).

The court ruled that evidence was sufficient to support upward departures in fraud case; judge's fact finding did not violate the Sixth Amendment as defendant admitted all of the facts upon which the court relied; district court did not err in denying reduction for acceptance of responsibility; applying Pirani's plain error analysis, defendant was not entitled to Booker relief as he failed to demonstrate a reasonable probability that the district court would have imposed a lesser sentence under an advisory guidelines scheme.

Here is the court's published opinion.