708 F. App'x 871
6th Cir.2018Background
- Kenneth Jozwiak pled guilty to falsifying a Navy discharge certificate (DD-214), theft of VA funds, making false statements to the VA, and witness tampering/obstruction.
- In 2014 he sought increased VA pension benefits by adding dependents and failing to report survivor benefits, fraudulently obtaining over $2,000.
- Investigators uncovered a falsified DD-214 and additional false military representations (e.g., claiming to be a Navy SEAL, fabricating decorations).
- He initially denied wrongdoing and attempted to obstruct the investigation, including instructing his wife to lie.
- He pleaded guilty to all counts without a plea agreement; Sentencing Guidelines range was 30–37 months (offense level 12, CHC VI).
- The district court imposed an upward variance to 51 months, citing an extraordinary criminal history and need for deterrence and protection; Jozwiak appealed as substantively unreasonable.
Issues
| Issue | Jozwiak's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether the 51‑month above‑guidelines sentence is substantively unreasonable | District court overweighted other factors and underweighted his serious health conditions; sentence disproportionate | Sentence justified by §3553(a) factors—especially extreme criminal history, deterrence, and protection of public | Affirmed: no abuse of discretion in upward variance; district court adequately considered factors |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (review of above‑guidelines sentence for abuse of discretion)
- United States v. Herrera‑Zuniga, 571 F.3d 568 (6th Cir. 2009) (deference to district court on sentencing length if supported by §3553(a) rationale)