United States Seventh Circuit

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US v. Diekemper, 09-2081

In a prosecution of a husband and wife for conspiracy to commit bankruptcy fraud, conspiracy to commit mail fraud, making false statements for the purpose of influencing the United States Department of Agriculture Commodity Credit Corporation, and perjury, district court's imposition of a within-guideline sentence of 120 months' imprisonment upon the husband after applying a four-level enhancement is affirmed as defendant's arguments challenging his sentence are meritless, including his claim that his wife's probation condition violates his fundamental right to a marital relationship and the claim that the district court judge's failure to recuse himself for bias violates his right to due process.

Appellate Information

  • Argued 01/11/2010
  • Decided 04/28/2010
  • Published 04/28/2010

Judges

  • KANNE, Circuit Judge., Before EASTERBROOK, Chief Judge, and KANNE, Circuit Judge, and KENNELLY, District Judge.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Jennifer Hudson, Office of the United States Attorney, Fairview Heights, IL, for Plaintiff-Appellee., Gilbert C. Sison, St. Louis, MO, for Defendant-Appellant.