United States v. Bush

The United States Sentencing Commission guidelines provide for a two-level enhancement of a sentence for embezzlement “if the offense involved more than minimal planning.” United States Sentencing Commission, Guidelines Manual, § 2Bl.l(b)(4)(A) (1995). The guidelines also allow a court to depart from guideline sentencing and sentence an offender to probation, even though incarceration would otherwise be required, when the offense is deemed to have been a “single act[ ] of aberrant behavior” on the defendant’s part. This appeal presents two issues: 1) whether the district court erred in…