DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051666P.pdf 03/16/2006 USA v. Paul David Anderson
U.S. Court of Appeals Case No: 05-1666
Western District of Missouri
[PUBLISHED] [Melloy, Author, with Loken, Chief Judge, and Hansen,
Circuit Judge]
Criminal case - Sentencing. Where a new judge sentenced defendant to
a longer sentence on remand, there was no presumption of vindictiveness,
and defendant failed to meet his burden to prove that the longer sentence
was motivated by actual vindictiveness; record showed district court did
not impose an additional two-level enhancement under Guidelines Sec.
3A1.1(b)(2) for "large number of vulnerable victims;" district court did
not err in imposing a two-level enhancement under Guidelines Sec.
3A1.1(b)(1); the district court did not err in imposing enhancements for
both abuse-of-trust and vulnerable victims, as it is possible to have both
enhancements in the same case; sentence was reasonable under Booker.