United States v. Gary Ranum

96 F.3d 1020, 1996 U.S. App. LEXIS 24969, 1996 WL 543396
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 25, 1996
Docket95-2512
StatusPublished
Cited by43 cases

This text of 96 F.3d 1020 (United States v. Gary Ranum) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Gary Ranum, 96 F.3d 1020, 1996 U.S. App. LEXIS 24969, 1996 WL 543396 (7th Cir. 1996).

Opinions

COFFEY, Circuit Judge.

Gary Ranum was charged in a one-count information with “knowingly and willfully obtaining] by ... false statements” federally-insured student loan funds in an amount not exceeding $200, a misdemeanor violation of 20 U.S.C. § 1097(a) punishable by a term of imprisonment not to exceed one year and/or a maximum fine of $1,000. Ranum used a false Social Security number on some eight separate occasions in order to obtain federally-insured loans totalling $7,586 and thus could have been charged with a felony in violation of § 1097(a), which carries a maximum penalty of five years’ imprisonment and/or a maximum fine of $10,000. 20 U.S.C. § 1097(a). After negotiation, the Government agreed to charge Ranum with a misdemeanor offense in exchange for the defendant’s agreement to plead guilty and pay restitution. With the advice of counsel, and pursuant to a signed, written plea agreement, Ranum entered a plea of guilty to a misdemeanor violation and agreed to pay restitution in the amount of $7,586. At the time of his plea hearing, the defendant consented to proceedings before a magistrate judge, pursuant to 28 U.S.C. § 636(a)(4). The magistrate judge accepted Ranum’s plea after conducting a hearing to satisfy himself that the guilty plea was knowingly and voluntarily made. During the proceedings and before sentencing, Ranum requested of the court permission to withdraw his plea of guilty, alleging that it was invalid because he had not been made aware of all possible defenses available to him. The magistrate judge denied the motion and sentenced Ra-num to three years probation and ordered him to pay restitution in the amount of $7,586, together with a criminal assessment penalty of $25.1 Ranum appealed to the district court, pursuant to 28 U.S.C. § 636(c)(4), contesting the magistrate judge’s order denying his motion to withdraw his guilty plea. The district court reviewed the proceedings and affirmed the order of the magistrate judge. Ranum appeals the denial of his motion to withdraw his guilty plea, and requests that he be permitted to proceed to trial. We affirm.

I. BACKGROUND

A Ranum’s Loan Application(s)

Gary Ranum is fifty-three years of age and is a college graduate (University of Wiscon[1022]*1022sin 1973). He entertained the idea of becoming a physician for many years. Ranum attended the University of Iowa Physician Assistant Program in 1987-88, obtaining student loans for this purpose. In 1989, he registered for coursework at the University of Wisconsin (“UW”) Medical School. He withdrew from the program after four months when it became clear that he could not qualify for financial assistance. Although the record is not as detailed as it might be, it appears that Ranum may very well have been denied financial aid on the basis that he was in default on a previous student loan (or loans) from earlier in his educational career. The record does not reflect but we assume that these loans were obtained using Ra-num’s valid Social Security number.

In January of 1991, Ranum registered for classes at the Madison Area Technical College (“MATC”), with the goal of obtaining certification as a real estate agent. In completing the registration paperwork, Ranum used a Social Security number that was not his own, but rather a number that differed from his own validly-issued Social Security number by one digit. Ranum admitted at his plea hearing that he was aware of this discrepancy, but alleges that this number was assigned to him mistakenly by MATC itself and that he used it to avoid the inconvenience of clearing up an administrative mistake (the record is devoid of any evidentiary support for this claim). In order to receive a federally-insured educational loan from a private lender, one must first provide certain information to the U.S. Department of Education to establish eligibility for such a loan. Accordingly, in mid-February 1991, several weeks after registering at MATC, Ranum completed and signed a Financial Aid Form (“FAF”)2 for the academic year 1990-91, again entering the same false Social Security number, and submitted the document to the Department of Education for processing. In early April 1991, Ranum received, signed, and returned to the Department of Education a verification form known as a “Student Aid Report” (“SAR”), which set forth the false Social Security number that Ranum had previously provided on the FAF. The SAR form signed by Ranum stated, inaccurately, that the defendant was not currently in default on any previous student loans.3 The defendant continued to use the bogus Social Security number on two promissory note applications that he executed and submitted to the lender, Great Lakes Higher Education Corporation (“GLHEC”), in April and May of 1991. The promissory note application forms stated that the applicant had not been in default with respect to any previous student loans, and further stated that the applicant had not received student loan assistance of any kind before July 1,1988. However, the record reflects that Ranum was in default on earlier educational loans as late as 1989 (when he was denied financial aid at UW), and that he remained in default at the time he started using the false Social Security number to obtain financial aid at MATC in 1991.4 Thus, the defendant was not only knowingly using a false Social Security number, but he was also giving the lender false information concerning his past and current loan default status.5 Ranum also deceived the lender when stating that he had not [1023]*1023obtained any student loans prior to July 1, 1988, for the record clearly reflects that he obtained student loans in college during the early 1970’s and again when he attended the Iowa Physician Assistant Program in 1987-88.

When applying for student loans for the 1991-92 academic year at MATC, Ranum repeated the pattern of fraud and deceit described above: entering the bogus Social Security number on a FAF, a SAR, and two promissory note application forms. The defendant continued to use the false Social Security number, with full knowledge that it was not his own, and ultimately obtained a total of $7,586 in financial aid while attending MATC.6 Ranum’s use of the false Social Security number to accomplish this fraudulent scheme was uncovered in an investigation by the U.S. Department of Education’s Inspector General’s Office.

Ranum concedes that he knowingly and willfully used a false Social Security number in filling out the student loan application forms. At the same time, he somehow claims that it was not his intention to deceive anyone with his use of the false number.7

B. Ranum’s Plea Agreement & Hearing

Ranum’s written, signed plea agreement stated that he would enter a plea of guilty to making a false statement in violation of 20 U.S.C. § 1097(a), as set forth in the information,8

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Cite This Page — Counsel Stack

Bluebook (online)
96 F.3d 1020, 1996 U.S. App. LEXIS 24969, 1996 WL 543396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gary-ranum-ca7-1996.