United States DC Circuit

Sentence for tax evasion and fraud is affirmed in part and reversed in part where: 1) there was no ex post facto violation in the sentencing of defendant using a later version of the sentencing guidelines, since the sentence would have been the same even had he been sentenced under prior guidelines; 2) the term of imprisonment imposed was reasonable; and 3) the district court incorrectly ruled that it lacked authority to order restitution to the federal government.

Appellate Information

• Decided 11/14/2008
• Published 11/14/2008

Judges

• Before:  GINSBURG, HENDERSON and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellees:
  
• Tony Axam Jr., Assistant Federal Public Defender, argued the cause for the appellant/cross-appellee.  A.J. Kramer, Federal Public Defender, was on brief.  Neil H. Jaffee and Michelle M. Peterson, Assistant Federal Public Defenders, entered appearances., Elissa R. Hart-Mahan, Attorney, United States Department of Justice, argued the cause for the appellee/cross-appellant.  Nathan J. Hochman, Assistant Attorney General, Jeffrey A. Taylor, United States Attorney, and Alan Hechtkopf, Attorney, were on brief.