United States v. Brewer
United States District Court for the Western District of Texas
978 F. Supp. 2d 710 (2013)
After nearly 50 years of marriage, Donald Brewer, left paralyzed and wheelchair-bound with severe medical needs following a 2004 plane crash, and his wife Sherri, who cared for him afterward, participated in a $6 million sham contracting operation and were convicted of conspiracy to defraud, wire fraud, and major fraud against the United States; the advisory guidelines called for 108-135 months for Mr. Brewer and 70-87 months for Mrs. Brewer, and the district court had to determine an appropriate sentence.
Whether a sentencing court must weigh the deterrent effect of a proposed punishment, particularly for financial crimes, when determining an appropriate sentence, and whether incarceration is appropriate for elderly, medically fragile, nonviolent defendants facing what amounts to a functional life sentence.