U.S. v. Robertson

Dist. Ct. erred in sentencing defendants to 63 and 41-month terms of incarceration on wire fraud charge arising out of scheme to provide lenders with false information associated with 37 purchases of real estate that occurred almost 10 years prior to date of indictment. Defendants presented significant evidence of rehabilitation in form of steady employment and lack of criminal history subsequent to date of charged offense, and Dist. Ct.'s failure to comment on said rehabilitation evidence deprived Ct. of Appeals of ability to determine whether Dist. Ct. had actually considered said rehabilitation when imposing instant sentences. Dist. Ct., though, did not err in considering 2010 sentencing guidelines that were in effect at time of instant sentencing hearing, as opposed to 1998 sentencing guidelines that were in effect at time of charged offense.