08-2076 U.S. v. Alldredge

Listen to this article

Sentencing
Counterfeiting

A defendant who spent counterfeit money in the United States improperly had her guideline increased pursuant to U.S.S.G. 2B5.1(b)(5) for committing part of the offense outside the United States.

“Section 1B1.3 reflects the fact that the Sentencing Guidelines implement a charge-offense system rather than a real-offense system. See, e.g., United States v. White, 888 F.2d 490 (7th Cir. 1989); United States v. Talbott, 78 F.3d 1183 (7th Cir. 1996). See also Stephen Breyer, The Federal Sentencing Guidelines and the Key Compromises Upon Which They Rest, 17 Hofstra L. Rev. 1, 8–12, 25–28 (1988). Adjustments such as §2B5.1(b)(5) introduce some real-offense ingredients into the system, but only when these ingredients are foreseeable parts of a scheme or plan that includes the offense of conviction. Alldredge schemed with Agbolade to utter forged checks, but she did not agree with him to engage in international counterfeiting. To the contrary, she was a victim rather than a beneficiary of Agbolade’s counterfeiting, which she did not anticipate.”

Reversed and Remanded.

08-2076 U.S. v. Alldredge

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Easterbrook, J.

Full Text