Dist. Ct. did not err in sentencing defendant to 70-month term of incarceration on health care fraud charges, even though defendant claimed that Dist. Ct. failed to address his argument that he should be given below guidelines sentence because he subsequently obtained honest job offer after his conviction and performed said job in exemplary fashion. While Dist. Ct. failed to address instant argument, no error occurred, where argument lacked arguable merit, since defendant’s performance on his current job said nothing about what business opportunities he might pursue upon completion of shorter prison term and did not prove that he had been rehabilitated. Moreover, Dist. Ct. adequately discussed details of offense and defendant’s family background when imposing instant sentence.
Federal 7th Circuit Court
Criminal Court
Sentencing