X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
SUBMITTED AUGUST 31, 2011

Before POSNER, ROVNER, and WOOD, Circuit Judges.

Donald Kubeczko did not inform the government when his mother died, but instead cashed the checks that it continued sending to her address for benefits she had earned under the Civil Service Retirement System. This went on for twelve years and netted him $158,000. Eventually he was caught and pleaded guilty to mail fraud. His Guidelines sentencing range was 21 to 27 months, but the judge sentenced him to 30 months. By the time he was sentenced he had spent 10 months in pretrial detention. He would be entitled to credit for that time against his sentence, 18 U.S.C. § 3585(b)(2), and so if sentenced at the top of the Guidelines range he would have been out in 17 months. The judge sentenced him to 30 months, mainly and perhaps exclusively because she believed that he needed treatment for mental illness and probably alcoholism as well and that it would take more than 18 months. A 30-month sentence, with credit for 10 months, would keep him in prison for 20 months, which she thought would be enough time for treatment. The need for such treatment is not questioned; the defendant has serious mental illness (depression, narcissistic personality, and compulsive personality) and alcohol dependence.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 25, 2025
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Search for the President and Dean California Western School of Law San Diego, California California Western School of Law (California ...


Apply Now ›

Duane Morris LLP has an opening for an associate with 2-3 years of experience with strong capital markets and corporate transactional backgr...


Apply Now ›

Our client, an established provider of professional liability insurance, has engaged us to identify a highly-qualified Senior Bad Faith Tria...


Apply Now ›