Defendant’s sentence for filing false tax returns is vacated where the district court failed to adequately explain the grounds for the sentence because: 1) the record was not clear that defendant’s incarceration would harm his father’s business; 2) the district court understated the severity of the offense; and 3) the district court improperly relied on prompt satisfaction of a substantial monetary sanction to impose a non-custodial sentence.
Read US v. Bragg, No. 08-10221
Appellate Information
Argued February 9, 2009
Submitted September 17, 2009
Judges
Opinion by Judge Noonan
Dissent by Judge Smith
Counsel
For Appellant:
Mark Determan
For Appellee:
Anthony E. Colombo
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