U. S. v. Reed Lexis 9274 (2nd. Cir. 2011)
Defendant Terry Reed pleaded guilty to one count of conspiracy to defraud the United States by falsely and fraudulently obtaining income tax refunds in violation of 18 U.S. § 286.
On April 16, 2009, the District Court for the Northern District of New York, sentenced Reed to thirty-three months' imprisonment, to run consecutively with the sentence Reed was serving on unrelated state charges, followed by three years of supervised release. Reed appealed.
Reed raised two central challenges to the sentence imposed by the district court. First, Reed claimed that the district court erred in imposing the three-level management role sentencing enhancement pursuant to U.S.S.G. § 3B1.1(b) because it was not supported by the evidence, and the court failed to make a specific finding upon which the enhancement was based. Second, Reed claimed that certain standard and special supervised release conditions imposed by the court were in error.
The Court affirmed the conviction and sentence.
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