United States Sixth Circuit

A sentence for filing false income tax returns is affirmed over claims that: 1) the district court erred when it denied his motion for a downward departure and/or variance based upon "exceptional family circumstances"; 2) the district court failed to consider adequately a sentence of probation and home detention based on the sentence given to defendant's niece for similar conduct; and 3) the district court erred in enhancing his sentence for obstruction of justice.

Appellate Information

• Decided 12/17/2007
• Published 12/17/2007

Judges

• Before:  ROGERS and SUTTON, Circuit Judges;  BERTELSMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David L. Cooper, The Law Office of David L. Cooper, Nashville, Tennessee, for Appellant.  Darryl A. Stewart, Assistant United States Attorney, Nashville, Tennessee, for Appellee.   ON BRIEF:  David L. Cooper, The Law Office of David L. Cooper, Nashville, Tennessee, for Appellant.  Darryl A. Stewart, Assistant United States Attorney, Nashville, Tennessee, for Appellee.