CEO of Container Homes Company Wins New Sentence on Appeal

A man convicted of cheating customers of his container home businesses will be resentenced after the US Court of Appeals for the Fifth Circuit said the district court miscalculated his offense level under the US Sentencing Guidelines.

The appeals court vacated his 25-year sentence, saying the district court improperly adjusted his sentence upward for abusing a position of trust.

Courts within the Fifth Circuit apply a two-part test for determining whether the adjustment applies. First, they ask whether the defendant occupied a position of trust, characterized by professional discretion and limited supervision. Next, they ask whether the defendant used that ...