United States v. Pabey, No. 11-2046 (7th Cir. 2011)
Annotate this CaseThe former mayor and the head of the engineering department were convicted of conspiring to embezzle and embezzling government funds, based on use of government funds and government employees to renovate the mayor's house. The mayor claimed that he was unaware of the scheme. The district court gave the jury a conscious avoidance instruction. The mayor had an initial offense level of 10 under the Guidelines, but the court applied enhancements for obstruction of justice, leadership role, and abuse of a position of trust, for a total offense level of 18. With a criminal history level of one, the guidelines range was 27-33 months' imprisonment. The district court imposed a sentence of 60 months, a $60,000 fine, more than $14,000 in restitution, a $200 special assessment, and three years of supervised release. The Seventh Circuit affirmed. The district court was within its discretion in issuing an ostrich instruction, in applying sentencing enhancements, and in its upward departure from the guidelines.
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