YOUNGSTOWN — Terris C. Baker, 51, of Canton, was sentenced to just over eight years in federal prison Thursday for his role in a scheme to obtain and use a bogus $1.3 million federal tax return.

He also is ordered to make restitution of $569,939, along with his two co-defendants.

Baker appeared for sentencing before U.S. District Court Judge Benita Y. Pearson on convictions of conspiracy to commit offenses against the United States, aiding and abetting theft of government property, aiding and abetting false claims against the United States and conspiracy to commit money laundering.

He was convicted during a trial in April 2022 — the same trial where a jury could not decide whether to convict co-defendant Robert J. Rohrbaugh II, 49, of Canfield, of the same type of charges. Rohraugh was convicted during a separate trial in January and will be sentenced later.

Co-defendant Brandon R. Mace, 45, of the Youngstown area, testified against Baker and Rohrbaugh and was sentenced to five years in prison in February.

ADMONISHED

Early in the nearly three-hour hearing, Baker asked that he get new attorneys, but Pearson explained that as a defendant who is getting an appointed attorney paid for by the public, Baker does not “have a choice” in who represents him and advised against him representing himself.

She also admonished him for writing letters to her with “unintelligible” thoughts. This led to remarks from Baker that he seeks a “remedy as a private citizen not necessarily a sovereign,” but a person “governed by the original constitution of the State of Ohio.”

The judge said she suspected Baker was trying to “defy my authority over this case,” and said she was “going to sentence you,” even though “you may not like it.”

Baker then said his attorney, Ed Hartwig, did not ask the questions Baker wanted during the trial, but the judge asked that the hearing proceed to more relevant issues.

She noted that Baker could challenge her rulings in an appeal after the sentencing.

CRIMINAL HISTORY

Pearson said Baker was looking at around 10 years in prison based on the type of offenses he committed and Baker’s criminal history, which included being convicted once of 12 charges, along with Mace, in an earlier case. His history put Baker into “the most serious criminal history category,” the judge said.

His criminal history includes four counts of domestic violence and conspiracy to commit aggravated murder and cocaine trafficking, she noted.

Megan Miller, assistant U.S. attorney, told the judge Baker was “fully involved” in the scheme Mace orchestrated while in prison to file seven bogus tax returns that sought $8.9 million in tax refunds.

Mace could not carry out many of the steps in the scheme from prison, but Baker was “right by his side from the get-go,” Miller said.

Baker could have “walked away,” but he didn’t, she said. Baker “engaged with Mace to get the refund,” she said. Baker received about $250,000 worth of cars with the proceeds from the tax refund, she said.

Hartwig called Baker a “willing pawn” of Mace and said Baker has a full-time job with a steelmaker.

‘NOT STUPID’

Baker told the judge that Mace provided “false information” about the tax refund, and he thought it was legitimate because Mace had run legitimate companies in the past. But the judge balked at such a notion.

“You knew what he was capable of,” the judge said, adding: “You’re not a stupid man, Mr. Baker. I’m not a stupid judge.”

She later told Baker he was “just digging a bigger hole for yourself.”

“I’m not trying to deny this to you,” Baker said. “I’m just a little confused right now.”

The judge said not only did Baker know the tax return was bogus, but “Mr. Rohrbaugh knew it as well.” She told Baker toward the end of the hearing that she was not going to give him the five-year sentence Mace got, partly because Baker refused to accept responsibility for his actions.

And, Rohrbaugh won’t get the sentence Mace got either “if things go as I expect.”

The judge said she varied down from the appropriate sentencing range by about one year to Baker’s sentence of eight years and two months to “encourage” Baker to be a good father to his 1-year-old child.

Rohrbaugh, of Boardman, is free on bond awaiting sentencing. Prosecutors said Rohrbaugh worked with Mace and Baker to “convert the (IRS) check into money.” Rohrbaugh “set up the bank account where Baker deposited the check July 15, 2015,” prosecutors said.