United States Eleventh Circuit

In a case arising from the huge accounting fraud conspiracy at HealthSouth Corporation, defendant's securities fraud sentence is vacated on appeal by the government where the purely probationary sentence imposed by the district court was patently unreasonable in light of defendant's role in the massive corporate fraud at issue. The court of appeals further rules that any sentence of probation would be unreasonable given the magnitude and seriousness of defendant's criminal conduct, and only the imposition of a meaningful period of incarceration will achieve Congressional sentencing goals.

Appellate Information

• Decided 11/17/2009
• Published 11/17/2009

Judges

• DUBINA, Chief Judge:, Before DUBINA, Chief Judge, and BIRCH and SILER, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael Boysie Billingsley, Ramona C. Albin, Birmingham, AL, for U.S., Sam Heldman, The Gardner Firm, Washington, DC, for Livesay.