Eleventh Circuit finds another HealthSouth sentencing unreasonably low

Today in US v. Livesay, No. 06-11303 (11th Cir. Apr. 19, 2007) (available here), the Eleventh Circuit reversed as unreasonable the probation sentence given to Kenneth Livesay, the former Assistant Controller and Chief Information Officer of HealthSouth Corporation.  Here are some passages spotlighting the heart of the opinion:

Livesay's sentence of probation wholly fails to account for the nature and circumstances of his participation in this massive fraud-based criminal conspiracy and the need for his sentence to reflect the seriousness of his crimes....

Livesay’s sentence of probation — given the factual circumstances of this case, the major league economic crimes involved, and the advisory guidelines range of 78 to 97 months’ imprisonment — thus undermines the purposes of § 3553 by utterly failing to provide deterrence.