United States v. Wanning

MEMORANDUM AND ORDER

KOPF, District Judge.

Phillip Wanning (Wanning), who is about 50 years of age, has admitted that he perpetrated a fraud upon two old people. Wanning suffered from alcoholism at the time he committed the crime, but he is “dry” now; recently he had quadruple bypass heart surgery; he has only one criminal history point; he has made arrangements to provide a substantial amount of restitution; and the victims do not request the imposition of a prison sentence. Despite these facts and the Supreme Court decision in United States v. Booker, — U.S. —, 125 S.Ct. 738, 160 L.Ed.2d 621…