United States v. Sample

LUCERO, Circuit Judge.

The United States government appeals the sentence of Matthew Sample, following his guilty plea to one count of frauds and swindles under 18 U.S.C. § 1341 and two counts of wire fraud under 18 U.S.C. § 1343 . In sentencing Sample to a five-year term of probation on the rationale that such a sentence would allow him to repay his victims, the district court essentially sentenced Sample based on his income. We conclude that this sentence was unreasonable. Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (b), we reverse and remand for resentencing.

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Sample…