United States v. Mudekunye, et al., No. 09-10968 (5th Cir. 2011)
Annotate this CaseFabian Muyaba, Joseph Mudekunye, and three co-defendants were charged in a 39-count indictment stemming from their tax-fraud conspiracy. Muyaba, Mudekunye, and one co-defendant were convicted in a joint jury trial. Muyaba challenged the sufficiency of the evidence to support his convictions; the district court's applying two Sentencing Guidelines enhancements; and its ordering part of his sentence to run consecutively. Mudekunye challenged the district court's failure to sever his trial from Muyaba's and his sentence as being procedurally unreasonable. The court held that, in light of the significant disparity between Mudekunye's sentence and the top of the correct Guidelines range and the absence of any evidence suggesting that the court would have sentenced him to 97 months imprisonment irrespective of the correct Guidelines range, Mudekunye had shown a reasonable probability of a lesser sentence and therefore, demonstrated that the district court's clear error affected his substantial rights. The court also held that the substantial disparity between the imposed sentence and the applicable Guidelines range warranted the exercise of the court's discretion to correct the error and Mudekunye's sentence was vacated and remanded for resentencing. Accordingly, the court affirmed the district court's judgment on every ground with the exception of Mudekunye's sentence.
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