DENVER — An appeals court vacated the sentences of two Montrose funeral home operators on Tuesday who were convicted of selling body parts without family consent and who are currently in a federal prison.
In 2022, Hess pleaded guilty to mail fraud and aiding and abetting concerning the body part selling scheme. Her mother pleaded guilty to one count of mail fraud and aiding and abetting as part of a plea agreement. However, on Tuesday, a three-judge panel ruled that the district court erred in calculating the loss amounts by including the money paid by body parts purchasers, who the court found did not suffer financial loss because the government did not meet the burden of proof.
The court vacated the sentences of both Hess and Koch and remanded the case for resentencing, instructing the district court to recalculate the loss amount and reconsider the enhancements.
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