U.S. v. Spitzer

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 15-1278
Decision Date: 
February 10, 2016
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in sentencing defendant to 300-month term of incarceration on mail fraud charge, which was based on finding that defendant’s offense level was 40 due to fact that scheme produced net loss of $34 million, that said scheme concerned large number of victims, and that defendant used sophisticated means to operate scheme. While defendant argued that Dist. Ct. did not provide sufficient detail as to how it calculated offense level, no remand was required where: (1) Dist. Ct. indicated agreement with calculation of offense level as contained in pre-sentence report; and (2) defendant failed to assert that pre-sentence report was wrong in any steps it took to calculate his offense level.