U.S. v. MARTIN

No. 03-1068.

363 F.3d 25 (2004)

UNITED STATES of America, Appellant, v. Daniel MARTIN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 30, 2004.


Attorney(s) appearing for the Case

Diane C. Freniere, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.

Max D. Stern for appellee.

Before LIPEZ, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.


LIPEZ, Circuit Judge.

Defendant Daniel Martin pleaded guilty to fraud and tax evasion. The district court sentenced him to three years of probation, with six months to be served in home detention. The government, believing that Martin's sentence was too lenient, appeals. It argues that the district court improperly grouped the fraud counts with the tax evasion counts and improperly granted downward departures for extraordinary acceptance of responsibility and extraordinary...

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