United States v. Jawad, No. 16-1596 (8th Cir. 2017)
Annotate this CaseDefendant appealed his 41 month sentence after being convicted of trafficking in counterfeit mark goods. The court concluded that the district court did not err by including the full value of the goods seized in a Kansas sale in defendant's infringement amount and by applying a twelve-level enhancement; the district court did not err by denying defendant a two-level reduction for acceptance of responsibility where defendant did not voluntarily terminate or withdraw from his involvement in criminal conduct; and defendant's sentence was substantively reasonable where the district court considered factors including defendant's continued criminal conduct and the seriousness of the offense. Accordingly, the court affirmed the judgment.
Court Description: Riley, Author, with Loken and Benton, Circuit Judges] Criminal case - Sentencing. The district court did not err in calculating the value of the counterfeit goods in this prosecution for trafficking in counterfeit mark goods; the district court did not err in including all of the goods in a "knock offs" sales event where defendant was in charge of the venue and had organized the event; no error in denying defendant's request for an acceptance-of-responsibility reduction as defendant had not voluntarily withdrawn from participation in the criminal conduct and had continued his conduct while on pre-trial release; top-of-the-guidelines sentence was not substantively unreasonable.
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