Jari

MEMORANDUM **

Steve Jari appeals the sentence imposed following his guilty plea to health care fraud in violation of 18 U.S.C. § 1347 . The appellant’s principle contention is that the district court violated United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and Fed. R. Crim P. 32 by failing to resolve disputed facts underlying the district court’s calculation of the applicable guideline range.

At sentencing, the parties disputed whether Jari should receive a four level enhancement for being a leader or organizer of the scheme. They also disputed how large an enhancement Jari should receive for the loss caused by the offense. Jari argued for a five level enhancement based on the $54,192.94 loss charged in the indictment. The government argued Jari should receive an eleven level enhancement because, as an organizer, Jari was responsible for the approximately one million dollars worth of fraud committed by the entire scheme.

Under Jari’s view, the guideline range would have been 8 to 14 months. Under the government’s and the presentencing report’s view, the guideline range would have been 33 to 41 months. The court imposed a sentence of 33…