United States v. Ricardo S. Scarano

Ricardo Scarano appeals a sentence of 105 months of imprisonment, supervised release of five years, and restitution total-ling $141,069.72. We vacate the sentence and remand for resentencing.

BACKGROUND

Scarano pleaded guilty to a two-count superseding information. The information alleged that Scarano and several associates staged an automobile collision. Count one charged that Scarano filed a false claim with the Social Security Administration (“SSA”) representing that he became totally disabled as a result of the collision. Count one further charged that Scarano caused the SSA to mail him a disability benefits check on May 3, 1990. He eventually collected $38,906 from SSA. Count two charged that Scarano mailed a false statement to the Guardian Life Insurance Company representing that he suffered a continuing total disability from the collision. He collected $102,163.72 from Guardian Life Insurance.

The plea agreement contained the following stipulations: (1) the sentencing guidelines apply to count one, but not to count two; (2) the offense charged in count one caused losses of $38,906, while the offense charged in count two caused losses of $102,163.72; and (3) for the…