United States v. Marlin J. Gunderson, Also Known as Jim Gunderson
Docket: 99-3267
Court: Court of Appeals for the Eighth Circuit; May 23, 2000; Federal Appellate Court
Marlin J. Gunderson appealed his sentence after pleading guilty to bankruptcy fraud under 18 U.S.C. § 152(a). The case originated from a Chapter 7 bankruptcy filing in September 1995, during which Gunderson and his wife failed to disclose certain assets. Following an indictment in November 1997, Gunderson entered a guilty plea in January 1999. The presentence report suggested a sentencing range of 10-16 months. During sentencing, the district court expressed a preference for a sentence at the upper end of this range, citing Gunderson's operation of a faith-based counseling service while committing bankruptcy fraud as evidence of "hypocrisy." Gunderson's attorney argued that considering his religious activities in sentencing would unfairly penalize him for his beliefs. The court ultimately decided to impose a 16-month prison sentence, reasoning that Gunderson's role as a moral advisor exacerbated his culpability for the fraud. Gunderson contended this consideration was improper under the sentencing guidelines, which state that a defendant's religion should not influence sentencing. The Eighth Circuit reviewed the sentencing transcript and concluded that the district court's focus on Gunderson's moral leadership rather than his religious beliefs was appropriate. The court found that the sentence reflected the inconsistency between his role as a counselor and his criminal actions, which is a legitimate factor in assessing culpability. Thus, the Eighth Circuit affirmed the district court's judgment.