United States Sixth Circuit

District court's imposition of a statutory maximum of 120 months' imprisonment on a defendant convicted of conspiracy to defraud the U.S. and to harbor illegal aliens, and of harboring more than one hundred illegal aliens, is affirmed where: 1) there was no error in district court's denial of government's 5K1.1 motion to reduce defendant's sentence, as the court found it significant that defendant had not begun cooperating until after one of his co-defendants had agreed to cooperate and found that bulk of his cooperation to be incomplete at the time of sentencing; and 2) defendant's sentence is presumed reasonable as it was within the advisory Guidelines range.

Appellate Information

• Decided 11/03/2009
• Published 11/03/2009

Judges

• Before MARTIN, GUY, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth P. Tableman, Kenneth P. Tableman, P.C., Grand Rapids, Michigan, for Appellant.  Hagen W. Frank, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Kenneth P. Tableman, Kenneth P. Tableman, P.C., Grand Rapids, Michigan, for Appellant.   Hagen W. Frank, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.