United States v. James T. Labat

JOHN P. MOORE, Circuit Judge.

The single issue raised in this case is whether the district court erred in imposing a fine totalling $110,823.95 under U.S.S.G. § 5E1.2(i). Because the district court’s decision to impose a fine for the purpose of offsetting the costs of incarceration after refusing to impose a punitive fine is inconsistent with the guidelines, we vacate the fine.

James Labat pled guilty to one count of conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. §§ 841 and 846. Mr. Labat was sentenced to sixty months’ incarceration to run concurrently with…