U.S. v. Pulley

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 08-3363
Decision Date: 
February 17, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 87-month term of incarceration on wire fraud charge stemming from scheme to defraud credit union. Ct. rejected defendant’s claim that Dist. Ct. conducted sentencing hearing with its mind already made up as to outcome of sentence before hearing any testimony, and Dist. Ct. could properly credit testimony of govt. witness, who implicated defendant in separate fraud scheme. Ct. also rejected defendant’s contention that: (1) govt. used known false testimony to advance its position during sentencing hearing; or (2) his sentence was impermissibly disparate from 38-month sentence received for similar conduct by govt. witness.