United States v. Sullivan, No. 16-3163 (8th Cir. 2017)
Annotate this CaseDefendant appealed his sentence and order of restitution after pleading guilty to one count of wire fraud. The court concluded that the district court committed procedural error when it departed upward from the advisory sentencing guidelines and thus remanded for resentencing. In this case, the analysis the district court provided did not adequately explain and support the district court's significant departure from Criminal History Category II to Category VI. The court also concluded that defendant's appeal waiver was enforceable as to the restitution order and thus dismissed the appeal of the restitution order.
Court Description: Per Curiam - Before Kelly and Murphy, Circuit Judges, and Magnuson, District Judge] Criminal case - Sentencing. The analysis the district court provided for its decision to depart upwards from Criminal History Category II to Category VI does not adequately explain and support such a significant departure, and this procedural error requires a remand for resentencing on the existing record; defendant's challenge to his restitution order is barred by his appeal waiver. [ April 04, 2017
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