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In the Courts
Eleventh Circuit: Probation-Only Sentence for HealthSouth Executive Unreasonable
The Eleventh Circuit Court of Appeals, in an opinion by Judge Joel F. Dubina, found that the District Court's sentence of Kenneth K. Livesay was unreasonable in light of the factors outlined in 18 U.S.C. ' 3553(a).
This was not the Eleventh Circuit's first review of the defendant's sentence. The court had already remanded the case for further explanation, then reversed the District Court's sentence as unreasonable, then vacated the sentence (after the U.S. Supreme Court remand). After its most recent sentencing hearing, the District Court found that the defendant's offense level was 28, his criminal history category was I, and his Guidelines sentencing range was 78 to 97 months' imprisonment. The government had moved for a downward departure ' under ' 5K1.1 in light of the defendant's substantial cooperation in the prosecution of others ' and recommended a 20-month sentence. The District Court again (for the third time but now with a different judge) imposed a sentence of 60 months of probation and the government (for the third time) appealed.
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