U.S. v. Anobah

Dist. Ct. did not err in sentencing defendant to below guideline 36-month sentence on wire fraud charge stemming from defendant’s participation in scheme with several others to submit fraudulent property loan applications that were approved by defendant and resulted in $290,000 loss to defendant’s employer. While defendant challenged Dist. Ct.’s imposition of enhancements for abuse of position of trust and use of sophisticated means in committing instant fraud, record supported said imposition where defendant’s employer relied on defendant, as long-term and licensed employee, to determine whether straw purchaser that was subject of fraudulent loan application was suitable loan risk. Moreover, imposition of sophisticated means enhancement was appropriate, where scheme involved straw purchases, false property assessments and false verifications of information by attorneys. Fact that Dist. Ct. relied in part on findings made in sentencing hearings of co-defendants did not require new sentencing hearing, where defendant did not challenge accuracy of said information.