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Sentence vacated and remanded where the district court did not properly apply U.S.S.G. 2C1.1(b)(2) to determine the amount of a benefit received

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Lianidis, No. 09-1165 (D.NJ 03/19/10), the Court of Appeals vacated the sentence and remanded for re-sentencing where the district court did not properly apply section 2C1.1(b)(2) which determines the amount of a ?benefit received? for sentencing guideline purposes.Lianidis was the president of DMS, a computer engineering company founded by her husband. DMS was subsequently awarded government contracts to set up computer systems for the FAA. These contracts were awarded by a longtime friend of Lianidis, Darrell Woods (who was an employee of the FAA), who had received numerous cash payments from Lianidis totaling over $150,000. While the contracts were secured with bribes, the work performed by Lianidis? company was deemed ?legitimate...continue to full post

Full post as published by Third Circuit Blog on March 22, 2010 (boomark / email).