Sentencing Challenge Rejected

U.S. v. Saignaphone, 2011 WL 1807433 (5/12/11) (Colo.) (unpub'd) - The 10th discusses an argument that Congress intended for more people to get probation than the Sentencing Commission has provided for. The 10th holds, however, that the district court did not abuse its discretion in determining a sentence of home detention would be insufficient punishment for depriving taxpayers of 2.3 million dollars regardless of the defendant's lack of criminal history, her chances of recidivism and Congress' intent regarding probation.