Dist. Ct. did not err in sentencing defendant to 108-month term of incarceration on bank fraud charges arising out of defendant’s submission of car loan applications that contained false information about applicant’s income and vehicle identification. While defendant argued that Dist. Ct. improperly applied three-level managerial/supervisory enhancement under section 3B1.1(b) of USSG because Dist. Ct. had failed to make explicit finding that he had direct control over anyone else involved in scheme, Dist. Ct. could properly find that said enhancement was applicable, where: (1) defendant used his own car dealership business as cover for obtaining fraudulent loans and was instrumental in design of overall scheme; (2) defendant supplied necessary vehicle information used to secure loans; and (3) defendant played integral role in distributing proceeds to scheme’s participants and retained significantly greater amount of said funds generated by scheme than anyone else involved.
Federal 7th Circuit Court
Criminal Court
Sentencing