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States v. Sample, — F.3d —, 2018 WL 4056013 (10th Cir. Aug. 27, 2018)

Aug 27, 2018

After entering guilty plea to wire fraud involving the theft of $1.08 million, the defendant was sentenced to a five-year term of probation.  The United States, which had requested a prison term of 78 to 97 months, appealed the sentence.  Reversing and vacating, the Tenth Circuit held that the district court abused its discretion when it allowed considerations of wealth, income, and restitution to override the other sentencing factors and imposed a lenient sentence that amounted to an extreme variance from the guidelines range.