DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
053799P.pdf 10/03/2006 United States v. Allen S. Mickle
U.S. Court of Appeals Case No: 05-3799
and No: 05-4344
District of Minnesota
[PUBLISHED] [Colloton, Author, with Murphy and Melloy, Circuit Judges]
Criminal case - Sentencing. District court did not err in applying
an upward adjustment for leadership role in the offense, as the
record shows the defendants recruited accomplices, helped plan the
offense, received a greater share of the proceeds and controlled
others; district court did not err in finding defendant Allen was
jointly responsible for the entire tax loss in the conspiracy; while
the district court may have erred in refusing to grant a third level
decrease for acceptance of responsibility under Guidelines Sec. 3E1.1(b),
the error was harmless as the sentence imposed fell within both advisory
ranges; district court did not err in ordering restitution to victims
other than the federal government.