‘Trial Penalty’ Claim Nixed as 5th Cir. Upholds 20-Year Sentence

Sept. 28, 2020, 7:48 PM UTC

A woman who was sentenced to 20 years’ imprisonment after a jury convicted her on two charges related to health-care fraud and money laundering on Monday lost her Fifth Circuit appeal claiming her lengthy sentence was an improper punishment for going to trial instead of pleading guilty.

Daniela Gozes-Wagner argued her sentence—two consecutive 10-year terms—qualified as an unconstitutional “trial penalty,” because it was more than three times as long as the sentences of her co-conspirators, and because the sentencing judge mentioned her decision to go to trial multiple times at the hearing.

The U.S. Court of Appeals for the Fifth ...

Learn more about Bloomberg Law or Log In to keep reading:

Learn About Bloomberg Law

AI-powered legal analytics, workflow tools and premium legal & business news.

Already a subscriber?

Log in to keep reading or access research tools.