U.S. v. Scott

Dist. Ct. did not err in sentencing defendant to above-guideline, 120-month term of incarceration on fraud charge arising out of pyramid scheme, which resulted in over $4.5 million loss to at least 60 investors. While defendant argued that Dist. Ct. could not rely on 4-level upward adjustment under section 2B1.1(b)(2)(B) of USSG since his scheme only involved 45 victims, defendant waived this argument since he had stipulated in Dist. Ct. that said offense involved more than 50 victim minimum required for imposition of enhancement under section 2B1(b)(2)(B). Moreover, Ct. rejected defendant's argument that sentence was unreasonable where record showed that defendant had exploited his personal relationships with victims over long period of time.