Orders Were Delivered
Some corporate clients that placed large orders received hundreds of thousands of dollars’ worth of shipping containers.
United States Court of Appeals · Fifth Circuit
Sentence Vacated.
Evidence Found Insufficient.
The Fifth Circuit vacated Ethan Sturgis Day’s 101-month sentence after the record failed to support a sentencing enhancement based on substantial hardship to 25 or more victims.
What the Record Revealed
Customers Counted as Victims Included Corporate Clients Who Received Hundreds of Thousands in Shipping Containers
“Some customers, particularly corporate clients who placed large orders, had in fact received hundreds of thousands of dollars’ worth of shipping containers.”
United States Court of Appeals for the Fifth Circuit · Opinion, Page 3
View on the Official Fifth Circuit WebsiteOnce the substantially fulfilled commercial orders were properly considered, the claimed loss amount fell by nearly $1 million.
United States v. Ethan Sturgis Day · No. 23-50636 · Decision Filed September 16, 2024
108 Months
Original sentence
101 Months
Revised sentence after the loss calculation was reduced
Sentence Vacated
Fifth Circuit remanded for resentencing
84 Months
Sentence imposed on remand
What the Record Shows
Corporate Clients Received Hundreds of Thousands in Shipping Containers
The Fifth Circuit stated that some customers—particularly corporate clients that placed large orders—received hundreds of thousands of dollars’ worth of shipping containers. After considering testimony from a forensic accountant, the district court lowered the claimed loss amount by nearly $1 million.
The record did not support the six-level sentencing enhancement for substantial hardship to 25 or more victims. The Fifth Circuit vacated Ethan Day’s sentence and remanded the case for resentencing.
Claimed Loss Reduced
Accounting for the delivered orders reduced the claimed loss amount by nearly $1 million.
Enhancement Unsupported
The record did not establish substantial hardship involving 25 or more victims.
The Resentencing Record
Would the Government Prove 25 or More Victims?
At resentencing, the court directly asked whether the government intended to prove substantial hardship involving 25 or more victims.
The revised sentencing report reduced the disputed enhancement from 25 or more victims to five or more victims. Defense counsel then stated:
“I haven’t seen any evidence that it’s even five.”
Resentencing Hearing Transcript
The Fifth Circuit Decision
The Sentence Could Not Stand
The unsupported victim enhancement directly affected Ethan Day’s federal sentence. The Fifth Circuit identified reversible sentencing error, vacated the sentence, and returned the case to the district court for resentencing.
The record failed.
The sentence was vacated.
The pursuit of justice continues.
Review the Source Documents
Read the Record for Yourself
Fifth Circuit Decision — No. 23-50636
Official opinion vacating the 101-month sentence and remanding the case for resentencing.
Read the Official DecisionView on the Official Fifth Circuit WebsiteResentencing Hearing Record
Locate the official June 16, 2025 resentencing transcript through the Western District of Texas docket.
Locate the Transcript on PACERSearch the Official Federal Court DocketWestern District of Texas
Case No. 3:19-CR-01019-2
Search the Western District of Texas docket using Case No. 3:19-CR-01019-2 and locate the June 16, 2025 resentencing hearing transcript. PACER registration and document-access fees may apply.
Pending Second Direct Appeal — No. 25-50534
A second direct appeal concerning the resentencing remains pending before the Fifth Circuit.
Locate the Appeal on PACERSearch the Official Federal Court Docket
Case Timeline
From Original Sentencing to Continuing Appeal
Original Sentencing — 108 Months
The district court originally imposed a 108-month sentence.
Loss Recalculation and Revised Sentence — 101 Months
After considering testimony from a forensic accountant, the district court lowered the claimed loss amount by nearly $1 million and imposed a revised 101-month sentence.
Fifth Circuit Decision — September 16, 2024
The Fifth Circuit held that the record did not support the six-level enhancement for substantial financial hardship to 25 or more victims. It vacated the 101-month sentence and remanded the case for resentencing.
Resentencing on Remand — 84 Months
The district court imposed an 84-month sentence following the Fifth Circuit’s remand.
Second Direct Appeal — No. 25-50534
A second direct appeal concerning the resentencing remains pending before the Fifth Circuit.
The Public Record
The Public Record Should Speak for Itself.
Review the appellate decision, the resentencing transcript, and the underlying court filings.