United States v. Helene Donna Alpert, United States of America v. Carl Henry Alpert

Because the majority omits or misinterprets material facts in its description of the criminal conduct and the sentencing hearing as well as relies upon inapposite law, I dissent. The majority establishes incorrect precedents for our circuit and places unwarranted restrictions on sentencing judges. I shall address the obstruction of justice and upward departure issues individually with the relevant facts and law applicable to each.

I. OBSTRUCTION OF JUSTICE

On February 26, 1990, Carl and Helene Alpert, husband and wife, learned of a grand jury investigation into their credit card and…