United States Sixth Circuit

In a prosecution of defendant for bank fraud, district court's denial of an acceptance-of-responsibility reduction in imposing a within-Guidelines sentence of 34 months' imprisonment is affirmed where: 1) the district court thoroughly addressed the section 3553(a) factors and the error in the guidelines calculation was harmless; 2) defendant's remaining arguments in support of his claim that his sentence was procedurally unreasonable is wholly without merit; 3) district court's rejection of defendant's request for an acceptance of responsibility reduction was not clearly erroneous; and 4) defendant has failed to rebut the presumption that the court's sentence was substantively unreasonable.

Appellate Information

• Argued 07/28/2010
• Decided 08/19/2010
• Published 08/19/2010

Judges

• GILMAN

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Jeffrey J. O’Hara, Jennifer L. McManus