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U.S. v. DeSANTIS

Nos. 99-4244, 99-4285.

237 F.3d 607 (2001)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. Albert J. DeSantis, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 11, 2001.

Rehearing and Suggestion for Rehearing Denied March 5, 2001.

Attorney(s) appearing for the Case

ARGUED: Dale E. Williams, Jr., ASSISTANT UNITED STATES ATTORNEY, Columbus, Ohio, for Appellant.

Gordon Hobson, FEDERAL PUBLIC DEFENDER'S OFFICE, Columbus, Ohio, for Appellee.

ON BRIEF: Dale E. Williams, Jr., ASSISTANT UNITED STATES ATTORNEY, Columbus, Ohio, for Appellant. Gordon Hobson, FEDERAL PUBLIC DEFENDER'S OFFICE, Columbus, Ohio, for Appellee.

Dale E. Williams, Jr., Assistant United States Attorney (argued and briefed), Columbus, OH, for Plaintiff-Appellant/Cross-Appellee.

Gordon Hobson (argued and briefed), R. Keller, Federal Public Defenders, Columbus, OH, for Defendant-Appellee/Cross-Appellant.

Before: JONES, BOGGS, and SILER, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

Rehearing and Suggestion for Rehearing En Banc Denied March 5, 2001.

OPINION

BOGGS, Circuit Judge.

The government appeals and the defendant cross-appeals the sentence imposed after a guilty plea to bankruptcy fraud, money laundering, and witness tampering. Because the district court erroneously granted a three-level reduction in offense level based on the defendant's only having attempted the substantive...

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