United States v. Marcotte, No. 15-1266 (7th Cir. 2016)
Annotate this CaseMarcotte was charged with four counts of making a false claim for federal tax refunds, 18 U.S.C. 287 and falsely pretending to be an officer of the United States to demand a thing of value, 18 U.S.C. 912. The court, on the government’s motion, dismissed Count 5. The tax fraud case went to trial. The jury returned a guilty verdict. The court set the sentencing hearing and allowed Marcotte to be released on home confinement with electronic monitoring pending sentencing. When Marcotte failed to appear his sentencing hearing, the court issued a warrant for his arrest. Marcotte was indicted for failure to appear for sentencing, 18 U.S.C. 3146(a)(1). The U.S. Marshals Service arrested Marcotte a few months later. Marcotte pled guilty to failure to appear. Based on the PSR’s calculations, the district court accepted an advisory guideline sentence range of 70-87 months and imposed a 78-month sentence, consisting of concurrent 50-month sentences for the tax fraud counts and a consecutive 28-month sentence for failure to appear. The Seventh Circuit initially affirmed, following other circuits in upholding imposition the 3-level enhancement under U.S.S.G. 3C1.3 (obstruction of justice) to enhance a sentence for the crime of failing to appear.
The court issued a subsequent related opinion or order on June 14, 2016.
The court issued a subsequent related opinion or order on June 14, 2016.
The court issued a subsequent related opinion or order on June 15, 2016.
The court issued a subsequent related opinion or order on June 16, 2016.
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