United States Eleventh Circuit
US v. Livesay, 06-11303
On remand from the Supreme Court for reconsideration in light of Gall v. US, 128 S. Ct. 586 (2007), a sentence for a $1.4 billion fraud scheme is vacated and remanded where the district court committed Gall procedural error by: 1) legally erring in a U.S.S.G. section 5K1.1 downward departure; and 2) failing to adequately explain its sentence variance from the advisory Guidelines range to its chosen sentence in a way that allows for any meaningful appellate review.
Appellate Information
- Decided 04/23/2008
- Published 04/23/2008
Judges
- HULL, Circuit Judge:, Before HULL and MARCUS, Circuit Judges, and BARZILAY, Judge.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Joyce White Vance, Birmingham, AL, for U.S., Sam Heldman, The Gardner Firm, Washington, DC, for Livesay.