U.S. v. EDWARDS

Nos. 08-30055, 08-30056, 08-30059.

595 F.3d 1004 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Duncan William EDWARDS, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Duncan William Edwards, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Duncan William Edwards, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 16, 2010.


Attorney(s) appearing for the Case

William Mercer, United States Attorney, Billings, MT, for the appellant-cross-appellee.

John Rhodes, Assistant Federal Defender, Missoula, MT, for the appellee-cross-appellant.

Opinion by Judge PREGERSON, Partial Concurrence and Partial Dissent by Judge BEA.


PREGERSON, Circuit Judge:

In 2004, Duncan W. Edwards pleaded guilty to one count of bankruptcy fraud in violation of 18 U.S.C. § 152(9) and one count of making a false statement to a bank in violation of 18 U.S.C. § 1014. Although the advisory Sentencing Guidelines range called for twenty-seven to thirty-three months' incarceration, the district court sentenced Edwards to five years' probation (the maximum term of probation), seven months of which was to...

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