Tax Schemer's 94-Month Term Needs Revision, 11th Circ. Says

Law360 (July 22, 2020, 3:28 PM EDT) -- The Eleventh Circuit on Wednesday vacated the 94-month sentence of a woman convicted of a tax refund fraud scheme, saying the lower court wrongly calculated the sentence and the government should present new evidence about the vulnerability of the victims.

A Florida federal court incorrectly applied vulnerable-victim enhancements to Scharlene Alisa Hudson's sentence without sufficient evidence supporting them, the appeals court said in a per curiam opinion that remanded the case to the lower court for resentencing. Hudson's victims were older and one of them was disabled, but in themselves those aren't sufficient factors to support such an enhancement, the Eleventh...

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