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May 12, 2005

Today's topics:  sentencing: edition of guidelines to use, sentencing: value of losses in fraud case

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

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United States v. Harmon (May 12, 2005) (Appeal from E.D. Mich.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0214p-06.pdf 
Harmon pled guilty to engaging in monetary transactions in criminally derived property and was sentenced. The prosecution and defense agreed that the sentence should be based on sentencing guidelines in effect at the time the crime was committed, rather than at the time of the sentencing, and that the value used should be the amount of criminally deprived property that was the subject of the transaction, not the entire amount of losses suffered due to the fraud. The district court disagreed, identifying a sentencing range that was higher, and sentencing Harmon to the minimum of the range. Sentence VACATED and REMANDED for resentencing.

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