United States v. James Fry

I concur with respect to the majority’s decision denying Defendant-Appellant James Fry’s (Fry) claim under the Double Jeopardy Clause of the Fifth Amendment because of the absence of “good cause” for failing to make a timely challenge. But I dissent as to Fry’s 210-month (17 ]é-year) heavy sentence. In my view, Fry’s sentence lacks a proper legal basis and is, instead, based solely on the personal opinion of the sentencing judge without a proper analysis under 18 U.S.C; § 3553(a).

Many courts and commentators state the Guidelines related to fraud convictions do not present a reasonable…