United States v. Kuhlman

Defendant pleaded guilty to perpetrating a five-year, $3 million health care fraud scheme. In light of defendant's full restitution payment, his community service, and the rising costs of incarceration, the district court sentenced defendant to probation for the "time served" while awaiting his sentence, varying downward 20 levels. The government appealed defendant's sentence. The court concluded that the sentence did not reflect the seriousness and extent of the crime, nor did it promote respect for the law, provide just punishment, or adequately deter other similarly inclined health care providers. Therefore, the court found that the sentence was substantively unreasonable and an abuse of the district court's discretion. Accordingly, the court vacated and remanded for resentencing. View "United States v. Kuhlman" on Justia Law