District court's imposition of a statutory maximum of 120 months' imprisonment on a defendant convicted of conspiracy to defraud the U.S. and to harbor illegal aliens, and of harboring more than one hundred illegal aliens, is affirmed where: 1) there was no error in district court's denial of government's 5K1.1 motion to reduce defendant's sentence, as the court found it significant that defendant had not begun cooperating until after one of his co-defendants had agreed to cooperate and found that bulk of his cooperation to be incomplete at the time of sentencing; and 2) defendant's sentence is presumed reasonable as it was within the advisory Guidelines range.
Argued: October 8, 2009
Decided and Filed: November 3, 2009
Opinion by Circuit Judge Martin
For Appellant: Kenneth P. Tableman, Kenneth P. Tableman, PC., Grand Rapids, Michigan
For Appellee: Hagen W. Frank, Assistant U.S. Attorney, Grand Rapids, Michigan