Is defendant's sentence procedurally unreasonable due to errors in sentencing guidelines calculation and enhancement?

QUESTIONS PRESENTED FOR REVIEW QUESTION I IS DEFENDANT’S SENTENCE PROCEDURALLY UNREASONABLE BECAUSE THE DISTRICT COURT INCORRECTLY SCORED THE SENTENCING GUIDELINES, ERRONEOUSLY CALCULATING THE PROFIT TO BE OBTAINED UNDER A CONTRACT THE GOVERNMENTAL ENTITY HAD THE OPTION OF OPTING OUT OF, AND IMPROPERLY ENHANCING THE SENTENCING GUIDELINES FOR OBSTRUCTION OF JUSTICE BASED ON UNRELIABLE AND INSUFFICIENT TESTIMONY, AND SHOULD THE MATTER BE REMANDED TO THE DISTRICT COURT FOR RESENTENCING? QUESTION II IS DEFENDANT’S SENTENCE PROCEDURALLY UNREASONABLE BECAUSE THE DISTRICT COURT DID NOT PROPERLY CONSIDER THE NEED TO AVOID UNWARRANTED SENTENCE DISPARITIES AMONG DEFENDANTS WITH SIMILAR RECORDS WHO HAVE BEEN FOUND GUILTY OF SIMILAR CONDUCT, RESULTING IN A SENTENCE THAT IS SUBSTANTIVELY UNREASONABLE FOR BEING EXCESSIVE AND GREATER THAN NECESSARY TO EFFECTUATE THE PURPOSES SET FORTH IN THE SENTENCING STATUTE, 18 U.S.C. § 3553, AND SHOULD THE MATTER BE REMANDED TO THE DISTRICT COURT FOR RESENTENCING? -i QUESTION Til IS DEFENDANT’S SENTENCE SO DISPROPORTIONATELY SEVERE COMPARED TO THE SENTENCES IMPOSED ON THE CODEFENDANTS IN THIS CASE AS TO GIVE RISE TO A PRESUMPTION OF VINDICTIVENESS FOR DEFENDANT EXERCISING HIS CONSTITUTIONAL RIGHTS NOT TO BE COMPELLED TO BE A WITNESS AGAINST HIMSELF AND TO PROCEED TO TRIAL BY JURY, AND SHOULD THIS MATTER BE REMANDED FOR RESENTENCING BEFORE A DIFFERENT JUDGE? -ii LIST OF ALL PROCEEDINGS IN FEDERAL TRIAL AND APPELLATE COURTS RELATED TO THE CASE United States District Court for the Eastern District of Michigan: United States of America v. Dean Reynolds Docket No. 16-20732 Honorable Robert H. Cleland Jury Trial: Commenced June 13, 2018, Verdict Returned June 21, 2018 Sentencing Hearing: Conducted February 6, 2019 and February 12, 2019 Judgment in a Criminal Case Entered February 12, 2019 Notice of Appeal Filed February 12, 2019 United States Court of Appeals for the Sixth Circuit: United States of America v. Dean Reynolds Docket No. 19-1146 Opinion and Judgment Entered May 7, 2020 -iii