FARGO, N.D. Jan 5 2008
A man who admitted helping his former girlfriend run an Internet shoplifting ring says he did not deserve a sentence that was six months longer than hers. Prosecutors and a federal judge disagreed.
David Soldier, of Moorhead, Minn., was sentenced Friday to 2 1/2 years in prison for his role in a conspiracy to sell stolen goods from three states on the online auction site eBay.
Michelle Kartes, also of Moorhead, was sentenced earlier to two years in prison. Prosecutors said her sentence was appropriate because she cooperated with authorities and promised to testify against Soldier.
"That's the only difference between the two of them," Assistant U.S. Attorney Keith Reisenauer said during Friday's sentencing hearing.
Authorities said Soldier and Kartes sold between $200,000 and $400,000 worth of stolen goods on eBay, targeting stores in North Dakota, South Dakota and Minnesota.
Defense attorney Christopher Lancaster argued that Kartes was the leader of the operation and Soldier did not deserve more time based on federal sentencing guidelines for people who supervise or manage a conspiracy.
"David is less culpable than Miss Kartes in this conspiracy," said Lancaster, who offered a chart showing Soldier was responsible for handling about 30 percent of the stolen merchandise.
"Does that make him a minor participant? No. That makes him a major participant," said Reisenauer, adding that at least a dozen other people were involved in the ring.
"Even if he (Soldier) was the No. 2 dude, that doesn't mean he was minor to anybody," Reisenauer said.
Soldier pleaded guilty in June to charges of conspiracy and possession of stolen goods. The government dropped three money laundering charges against him.
Soldier told U.S. District Judge Ralph Erickson on Friday that his benefit from the ring was less than $11,000.
"For a majority of it, I wasn't there," Soldier said.
"This exploded into something greater, as if I should have known more," he said.
Lancaster complained that Soldier was never given the chance to cooperate with authorities until he was brought in to discuss the value of stolen goods.
"When my client had the chance to work in earnest on this case, he did that in good faith," Lancaster said.
Erickson said it was a professional fencing operation.
"This is serious criminal conduct," he said.
A man who admitted helping his former girlfriend run an Internet shoplifting ring says he did not deserve a sentence that was six months longer than hers. Prosecutors and a federal judge disagreed.
David Soldier, of Moorhead, Minn., was sentenced Friday to 2 1/2 years in prison for his role in a conspiracy to sell stolen goods from three states on the online auction site eBay.
Michelle Kartes, also of Moorhead, was sentenced earlier to two years in prison. Prosecutors said her sentence was appropriate because she cooperated with authorities and promised to testify against Soldier.
"That's the only difference between the two of them," Assistant U.S. Attorney Keith Reisenauer said during Friday's sentencing hearing.
Authorities said Soldier and Kartes sold between $200,000 and $400,000 worth of stolen goods on eBay, targeting stores in North Dakota, South Dakota and Minnesota.
Defense attorney Christopher Lancaster argued that Kartes was the leader of the operation and Soldier did not deserve more time based on federal sentencing guidelines for people who supervise or manage a conspiracy.
"David is less culpable than Miss Kartes in this conspiracy," said Lancaster, who offered a chart showing Soldier was responsible for handling about 30 percent of the stolen merchandise.
"Does that make him a minor participant? No. That makes him a major participant," said Reisenauer, adding that at least a dozen other people were involved in the ring.
"Even if he (Soldier) was the No. 2 dude, that doesn't mean he was minor to anybody," Reisenauer said.
Soldier pleaded guilty in June to charges of conspiracy and possession of stolen goods. The government dropped three money laundering charges against him.
Soldier told U.S. District Judge Ralph Erickson on Friday that his benefit from the ring was less than $11,000.
"For a majority of it, I wasn't there," Soldier said.
"This exploded into something greater, as if I should have known more," he said.
Lancaster complained that Soldier was never given the chance to cooperate with authorities until he was brought in to discuss the value of stolen goods.
"When my client had the chance to work in earnest on this case, he did that in good faith," Lancaster said.
Erickson said it was a professional fencing operation.
"This is serious criminal conduct," he said.
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