In the years between adoption of the federal sentencing guidelines in 1987 and the decision of Supreme Court United States v. ... Applying standard, we determined that the § 3553 factors the district court addressed did not appear remotely sufficient to support imposing such sentence..…

In concluding otherwise, the dissent ignores Supreme Court's standard and fails to acknowledge that while the criminal and civil provisions of RICO may identify the same underlying conduct, they do not both implicate immunity. ..…