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U.S. v. KELLER

Nos. 05-6562, 05-6725.

498 F.3d 316 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen L. KELLER, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Robert Grant Sutherlin, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 8, 2007.

Attorney(s) appearing for the Case

ARGUED: Susan G. James, Susan G. James & Associates, Montgomery, Alabama, John D. Cline, Jones Day, San Francisco, California, for Defendants. John Patrick Grant, Assistant United States Attorney, Lexington, Kentucky, for Plaintiff. ON BRIEF: Susan G. James, Susan G. James & Associates, Montgomery, Alabama, John D. Cline, Jones Day, San Francisco, California, for Defendants. John Patrick Grant, Assistant United States Attorney, Lexington, Kentucky, for Plaintiff.

Before: GUY, COLE, and McKEAGUE, Circuit Judges.

OPINION

R. GUY COLE, JR., Circuit Judge.

Stephen Keller and Grant Sutherlin were convicted of multiple counts of fraud and money laundering in connection with their operation of a viatical company. At their initial sentencing hearings, the district court imposed the lowest possible sentence on both defendants, pursuant to the then-mandatory Sentencing Guidelines. Sutherlin was sentenced to 151 months of imprisonment and Keller received 168 months. Following...

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