U.S. v. SCHULTE

No. 00-3301.

264 F.3d 656 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth J. SCHULTE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 4, 2001.


Attorney(s) appearing for the Case

Christian H. Stickan (argued and briefed), Assistant United States Attorney, Cleveland, OH, for Plaintiff-Appellee.

Spiros P. Cocoves (argued and briefed), Toledo, OH, for Defendant-Appellant.

Before CLAY and GILMAN, Circuit Judges; WISEMAN, Senior District Judge.


OPINION

WISEMAN, Senior District Judge.

Kenneth J. Schulte ("Appellant") appeals the sentence entered on March 2, 2000 against him for wire fraud, bank fraud, and securities fraud. Appellant argues that the district court should have departed another nine levels for family responsibilities, and failed to depart those additional levels because it did not understand that it possessed the authority to depart that far. In addition, Appellant asserts that his...

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