United States Sixth Circuit

Defendant's above-guidelines 72-month sentence, which arose from a series of frauds she committed while leading an American Red Cross chapter in the months after 9/11, is affirmed where: 1) a Booker challenge is rejected; 2) abuse-of-trust and misrepresentation of a charity enhancements did not constitute impermissible double counting; 3) there was no error in forcing the government to choose between making a motion for a downward departure and a motion for an upward departure; and 4) there was no abuse of discretion as to the length of the sentence.

Appellate Information

• Decided 02/19/2008
• Published 02/19/2008

Judges

• Before MARTIN and SUTTON, Circuit Judges;  OBERDORFER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Lucian J. Bernard, Pearson & Bernard, Covington, Kentucky, for Appellant.  Jennifer L. McManus, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Lucian J. Bernard, Pearson & Bernard, Covington, Kentucky, for Appellant.  Maarten Vermaat, Assistant United States Attorney, Marquette, Michigan, for Appellee.