United States v. Wittig

ORDER AND JUDGMENT*

HARRIS L. HARTZ, Circuit Judge.

This is David C. Wittig’s second appeal of his convictions on six charges arising out of a fraudulent bank transaction. On the first appeal we reversed his sentence because of errors in computing his offense level under the United States Sentencing Guidelines (USSG). See United States v. Weidner and Wittig, 437 F.3d 1023 (10th Cir.2006) (Wittig I). We remanded for resentencing, noting that the intervening Supreme Court decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), had held that the Guidelines are not…