UNITED STATES OF AMERICA v. SARDAR ASHRAFKHAN, aka Dr. Khan - Articles

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UNITED STATES OF AMERICA v. SARDAR ASHRAFKHAN, aka Dr. Khan

Posted by: Azya Thornton on Mar 3, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Benton C. Martin, FEDERAL COMMUNITY DEFENDER OFFICE, Detroit, Michigan, for Appellant.

Attorneys 2: ON BRIEF: Wayne F. Pratt, UNITED STATES ATTORNEY’S OFFICE, Detroit, Michigan, for Appellee.

Judge(s): COLE, WHITE, and MATHIS, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

COLE, Circuit Judge. A district court sentenced Sardar Ashrafkhan for conspiring to distribute and possess with intent to distribute a controlled substance, conspiring to commit health care fraud, and money laundering. After a retroactive amendment to the United States Sentencing Guidelines, Ashrafkhan moved for a sentence reduction under 18 U.S.C. § 3582(c)(2). To be eligible for the reduction, a defendant must meet ten criteria, including showing that “the defendant did not receive an [aggravating role adjustment] and was not engaged in a continuing criminal enterprise[].” USSG Amend. 821, Pt. B; § 4C1.1(a)(10). Since Ashrafkhan received an aggravating role adjustment, the district court determined he was ineligible and denied his motion. Ashrafkhan appeals, arguing he meets the criteria despite the aggravating role adjustment because he did not engage in a continuing criminal enterprise. We affirm.

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