United States v. Tom

LYNCH, Circuit Judge.

The government appealed as unreasonably lenient a sentence of thirty-six months of probation (including six months of community confinement) imposed on Michael Tom, who pled guilty to five counts of insider trading in violation of 15 U.S.C. §§ 78j(b) and 78ff(a). We agreed with the prosecution, vacated the sentence, and remanded the case to the district court for resentencing in accordance with our opinion. The Supreme Court vacated this court’s judgment and remanded the case for reconsideration under Gall v. United States, — U.S. —, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).…