In this unpublished U.S. v. Harmath, 10-10350 memorandum decision, the Ninth Circuit largely affirmed the convictions and sentences of the five defendants in the Sekhon & Sekhon immigration fraud case. The Court did find the two conspiracy counts (counts 1 and 17) to be multiplicitous and ordered the case remanded to vacate one of the two conspiracy convictions and for resentencing. It also held that an abuse of trust enhancement was improperly applied with respect to defendant Jagdip Sekhon's sentencing guideline score.
Final result: All convictions affirmed, except that the conviction on either count 1 or 17 will be vacated for the four defendants convicted of both counts. The same four defendants also will be resentenced based on one less conspiracy conviction. Finally, Jagdip Sekhon will be resentenced without an abuse of trust enhancement so that his total guideline offense level will be reduced by two levels.