Sentencing Guidelines

By: Derek Hawkins//November 26, 2018//

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Keith Austin

Case No.: 16-3211

Officials: FLAUM, EASTERBROOK, and SCUDDER, Circuit Judges.

Focus: Sentencing Guidelines

Near the end of his jury trial, Keith Austin pleaded guilty to three counts of bank fraud, aggravated identity theft, and obstruction of justice. Austin now protests that his plea was not knowing and voluntary because the district court did not adequately discuss the Sentencing Guidelines and did not mention forfeiture. He also takes issue with the court’s denial of the reduction for acceptance of responsibility and the use of the incorrect Guidelines range, as well as the sufficiency of the evidence supporting the district court’s loss calculation, restitution amount, and forfeiture order. For the reasons below, we affirm the court’s acceptance of Austin’s guilty plea, but we vacate Austin’s sentence and remand for resentencing.

Affirmed in part. Vacated and Remanded in part.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Select Region or Brand

Upcoming Event