Dist. Ct. did not err in sentencing defendant to 24-month term of incarceration on wire fraud charge that stemmed from scheme in which defendant improperly obtained over $200,000 from 17 victims. While defendant argued that he should have only received term of probation due to his cancer diagnosis, his need for expensive drug that was not in prison’s drug formulary, and prison’s inability to give appropriate medical care, Dist. Ct. gave sound reasons for imposing term of incarceration due to serious nature of charged offense and need to protect public from defendant. Moreover, prison had ability to provide appropriate medical care and had granted all 10 prior requests to use specific drug for other prisoners. Defendant also had option to file grievance should prison decide not to use said drug. (Dissent filed.)
Federal 7th Circuit Court
Criminal Court
Sentencing