United States v. Coppenger, No. 13-3863 (6th Cir. 2015)
Annotate this CaseCoppenger pled guilty to conspiracy to commit mortgage fraud. Coppenger initiated the scheme and worked with mortgage officers and straw buyers, resulting in a loss of more than $32 milion. Pursuant to the plea agreement, the government agreed not to recommend a sentence in excess of the applicable advisory Guidelines range, which was 78 to 97 months’ imprisonment. Nonetheless, the district court used information in presentence report prepared for Coppenger’s co-conspirators to vary upward and sentenced Coppenger to 120 months in prison. The Sixth Circuit vacated, finding that the district court failed to provide him with notice and opportunity to respond to its intent to vary upward based on information contained in co-conspirators’ presentence reports, which was unavailable to his defense.
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