Lenient Counterfeiting Sentence Reversed
The 9th Circuit has reversed a California federal judge who sentenced counterfeiter Frank Fu Jen Huang to only six months home confinement, five years of probation, and 2,500 hours of community service (and imposed a special assessment of $700) after Huang pleaded guilty to seven counts of conspiracy, trafficking in counterfeit goods, and manufacturing and selling counterfeit goods. The Presentence Report had recommended a Guidelines sentencing offense level of 28 which provides a sentencing range of 78-97 months of imprisonment.
Since the Supreme Court's decision in U.S. v. Booker, district courts have the discretion to sentence individuals outside the sentencing ranges established in the Federal Sentencing Guidelines, but they still must take the applicable Guidelines range into consideration during sentencing. In the 9th Circuit, the Guidelines consultation requirement "obliges the district court" to correctly calculate the sentencing range prescribed by the Guidelines. The 9th Circuit faulted the district court that sentenced Huang for failing to calculate a Guidelines-range sentence and failure to provide a clear statement of reasons for imposing the sentence it chose. The Court of Appeals' decision in United States v. Huang is reported at 2006 U.S. App. LEXIS 12188.