U.S. v. Dachman

Dist. Ct. did not err in sentencing defendant to 120-month term of incarceration on wire fraud charge stemming from scheme to steal funds from elderly individuals, who had invested in his three sleep-related illness-treatment companies, where said sentence was based in part on calculation of loss amount of over $4 million and denial of credit for acceptance of responsibility. Dist. Ct. could properly calculate loss at over $4 million, rather than $700,000 that defendant personally benefited from scheme, since defendant put at risk $4 million that victims invested with defendant, where defendant performed no investment services and spent large quantity of funds on personal items. Moreover, while defendant pleaded guilty to charged offenses, defendant’s allocution supported Dist’s Ct.‘s denial of acceptance of responsibility credit since defendant had failed to take responsibility for his fraudulent conduct. Dist. Ct. could also reject defendant’s request for home confinement based on his medical condition, where Dist. Ct. made finding that two correctional facilities could take care of defendant’s severe medical infirmities.