Summary: The defendant pled guilty to various counts of filing false tax returns and conspiracy to defraud. During the first phase of the sentencing hearing, both parties were afforded the opportunity to present evidence designed to address the disputed facts in the PSR and the parties’ objections to the Sentencing Guideline calculations. The parties then submitted post-hearing briefs. The Court found that a downward departure to criminal history category II is warranted, that the tax loss is greater than $400,000, that a two-level increase for a role adjustment is warranted, and that the defendant is entitled to a two-level reduction for acceptance of responsibility.
Case Name: USA v. Micheal Fisher
Case Number: 1-08-cr-26
Docket Number: 195
Date Filed: 11/17/09
Nature of Suit:
click here to load this opinion (PDF file)IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
United States of America,
Micheal Fisher,
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) ) SENTENCING MEMORANDUM ) ) ) Case No. 1:08-cr-26 ) ) ) ) ) |