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2J1.3 Proper Guideline for False Statement In Bankruptcy Petition

By Jonathan Byrne

US v. Boulware: In 12 years, Boulware filed for bankruptcy 16 times in three separate districts. After the NDGA barred her from filing any additional petitions for five years, Boulware filed for bankruptcy in South Carolina. In her petition, she did not mention any of the petition she had filed in the eight years prior, as required by the petition. Boulware pleaded guilty to making a fraudulent statement under penalty of perjury. At sentencing, the district court calculated her advisory Guideline range based on USSG 2J1.3 rather than the general fraud Guideline, 2B1.1. She was sentenced to 15 months in prison, the bottom of the Guideline range.On appeal, Boulware challenged her sentence on two grounds. First, she argued that the district court used the wrong Guideline in determining her sentencing range...continue to full post

Full post as published by Fourth Circuit Blog on May 17, 2010 (boomark / email).