United States v. Griego, No. 15-51197 (5th Cir. 2016)
Annotate this CaseDefendant pleaded guilty to aiding and abetting two others in making false statements in violation of 18 U.S.C. 1001(a)(2) and (2), and was sentenced to ten months in prison and a three year term of supervised release. The court concluded that, because the facts alleged in the indictment do not support the application of USSG 2J1.2, the district court erred in applying the cross-reference provision under USSG 2.B1.1(c)(3). The court agreed with defendant that the Government did not specify and the district court did not find that the facts alleged in the indictment supported any offense other than a violation of 18 U.S.C. 1001(a)(2), and the indictment could not support any other offense. Accordingly, the court vacated and remanded for resentencing.
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