US v. Bragg, No. 08-10221

Defendant's sentence for filing false tax returns is vacated where the district court failed to adequately explain the grounds for the sentence because: 1) the record was not clear that defendant's incarceration would harm his father's business; 2) the district court understated the severity of the offense; and 3) the district court improperly relied on prompt satisfaction of a substantial monetary sanction to impose a non-custodial sentence.

Read US v. Bragg, No. 08-10221

Appellate Information

Argued February 9, 2009

Submitted September 17, 2009

Judges

Opinion by Judge Noonan

Dissent by Judge Smith

Counsel

For Appellant:

Mark Determan

For Appellee:

Anthony E. Colombo