United States v. Saani, No. 09-3138 (D.C. Cir. 2011)
Annotate this CaseDefendant appealed the sentence he received after pleading guilty to five counts of filing a false tax return. At issue was whether the district court erred in applying the Guidelines by increasing his base offense level and by denying him credit for acceptance of responsibility. Also at issue was whether the district court erred by varying upward from the Guidelines range pursuant to 18 U.S.C. 3553(a). The court held that the district court did not err by increasing defendant's base offense level because he significantly disrupted a governmental function. The court held, however, that it was unable to determine whether in denying his credit for acceptance of responsibility and varying upward from the Guidelines range, the district court relied solely upon constitutionally permissible factors. Therefore, the court vacated defendant's sentence and remanded his case for resentencing.
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