United States v. Paul H. Schneider

Paul H. Schneider appeals his ten-month prison sentence entered after his conviction for theft of government money in violation of 18 U.S.C. § 641 and Social Security fraud in violation of 42 U.S.C. § 408 (a)(4). Schneider contends that (1) his Sixth Amendment rights were violated because his sentence was enhanced by judge-found facts under the then-mandatory United States Sentencing Guidelines (“U.S.S.G.”); (2) the district court erred in denying him a downward departure for diminished mental capacity under U.S.S.G. § 5K2.13; and (3) the district court erred in denying him an adjustment for acceptance of responsibility under U.S.S.G. § 3E1.1.

We remand to the district court for proceedings consistent with United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). The sentencing court adjusted upwards the guideline range by six levels because the court determined that the amount of loss exceeded $30,000, but was less than $70,000. See U.S.S.G. § 2B1.1(b)(1)(d). The jury made no finding regarding the amount of loss beyond $1,000. Under Ameline , when, as here, “the record is insufficiently clear to conduct a complete plain error analysis, a limited remand to the district…

concurring in the judgment.

A remand in light of United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), is proper but insufficient to reverse the injustice that occurred at sentencing to a former United States Marine who suffers from a mental illness that first surfaced while on duty in the Far East. I concur in the result but write separately to underscore how the District Court misapprehended its departure authority and misapplied U.S.S.G. § 5K2.13, which warrants resentencing.

I.

In order to understand this case, it is necessary to set forth important facts about Schneider’s mental condition and what occurred at the resentencing hearing.

From April 1997 to August 2000, Schneider, a Marine Corps veteran with serious mental disabilities that surfaced during his overseas tour of duty, was hired as a teleservices representative in the Auburn, Washington, and later Portland, Oregon, offices of the Social Security Administration (SSA). During this period, he continued to receive disability benefits from the SSA although he earned more income per month than the minimum amount required to constitute “substantial gainful work” under Title II of the Social Security Act.…

429 F.3d 888 UNITED STATES of America, Plaintiff-Appellee, v. Paul H. SCHNEIDER, Defendant-Appellant. No. 03-30527. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 1, 2004. Filed November 18, 2005. Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, OR, for the defendant-appellant. Kathleen R. Bickers, Assistant United States Attorney, Portland, OR, for the plaintiff-appellee. Appeal from the United States District Court for the District of Oregon; Malcolm F. Marsh, District Judge, Presiding. D.C. No. CR-01-00110-MFM. Before FERGUSON, TROTT, and KLEINFELD, Circuit Judges. TROTT, Circuit Judge. Paul H. Schneider appeals his ten-month prison sentence entered after his conviction for theft of government money in violation of 18 U.S.C. § 641 and Social Security fraud in violation of 42 U.S.C. § 408 (a)(4). Schneider contends that (1) his Sixth Amendment rights were violated because his sentence was enhanced by judge-found facts under the then-mandatory United States Sentencing Guidelines ("U.S.S.G."); (2) the district court erred in denying him a downward departure for diminished mental capacity under U.S.S.G. § 5K2.13; and (3)…