Sentence for Stealing from Veterans Administration Reasonably Considers State Insurance Fraud & Arson Convictions

Post 4863

In United States Of America v. Anthony Curtis Brewer, No. 26-10745, United States Court of Appeals, Eleventh Circuit (October 8, 2026) Anthony Curtis Brewer became the fiduciary for an incapacitated recipient of Department of Veterans Affairs survivor benefits and agreed to use her funds solely for her care and support without commingling them with his own.

The VA determined that he misused $67,232.33 and removed him as fiduciary in 2022. Brewer pleaded guilty to theft of more than $1,000 in government property under 18 U.S.C. § 641. At sentencing, the district court attributed $53,567 in loss to him, producing an advisory Guidelines range of 15 to 21 months.

Citing the victim’s vulnerability, Brewer’s attempts to avoid responsibility, and his other fraudulent conduct — including state convictions for arson and insurance fraud — the court imposed 24 months’ imprisonment, consecutive to his undischarged state sentence, three years of supervised release, and $53,567 in restitution.

LAW

A sentencing court adequately explains the chosen sentence, including the reason for a variance when an existing undischarged sentence concerns unrelated conduct, the federal sentence may run concurrently, partially concurrently, or consecutively to achieve a reasonable punishment.

Substantive reasonableness turns on the totality of the circumstances; reversal is warranted only when the court ignores an important factor, relies heavily on an improper factor, or clearly errs in weighing the proper factors.

DISCUSSION

Procedural Reasonableness.

The sentencing court expressly stated that it had considered the statutory factors and identified the victim’s incapacity, Brewer’s efforts to evade responsibility, and his contemporaneous fraudulent conduct as reasons for the sentence. It also explained that a lower sentence would not adequately deter Brewer or protect the public. The appellate court held that no separate explanation for making the sentence consecutive was required. The unrelated state convictions were not relevant conduct, and § 5G1.3(d) permitted a consecutive term.

Substantive Reasonableness.

Applying abuse-of-discretion review the Eleventh Circuit held that the 24-month sentence was within the range of permissible outcomes. The district court reasonably emphasized deterrence and protection of the public, relying on Brewer’s exploitation of a vulnerable victim, multiple fraudulent acts, and attempts to avoid responsibility.

ANALYSIS

The decision underscores the breadth of a district court’s sentencing discretion when the record links an upward variance.  A modest variance supported by concrete facts — especially exploitation of a vulnerable victim and a pattern of related dishonesty — requires no extraordinary justification. An unrelated undischarged state term, an adequate explanation of the federal sentence as a whole can support the choice of consecutive service without a second, stand-alone explanation.

CONCLUSION

The Eleventh Circuit Affirmed Brewer’s Sentence

The Guidelines provide that when the defendant did not commit the instant offense while incarcerated and the other offense conduct is not relevant conduct to the instant offense, the sentence for the instant offense may be imposed to run concurrently, partially concurrently, or consecutively to the prior undischarged term of imprisonment to achieve a reasonable punishment for the instant offense.

ZALMA OPINION

Why a convicted fraudster and arsonist was made a fiduciary for a disabled veteran is unanswered but, as a criminal, he continued his criminal conduct by stealing from the benefits for the veteran. He was convicted and his federal sentence went forward and was concurrent with the federal sentence. The gall of a fraud perpetrator is amazing and the Eleventh Circuit Refused to honor his blatantly fraudulent claims.

(c) 2026 Barry Zalma & ClaimSchool, Inc.

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