U.S. v. Solomon

Dist. Ct. did not err in sentencing defendant to 84-month term of incarceration after defendant had pleaded guilty to wire fraud charge stemming from scheme in which co-defendant-former CEO of Chicago Public School Board steered two lucrative contracts to defendant’s firm in exchange for kickbacks that were generated from revenue associated with said contracts. While defendant argued that record did not support Dist. Ct.’s finding that second, $20.5 million contract was part of instant scheme so as to support increase in defendant’s offense level, Dist. Ct. could look to email from CEO five days after award of $20.5 million contract requesting “anything u can provide to me or designated person relative to future college and weddings for [CEO’s] boys might be helpful,” as well as evidence that CEO forced out co-worker who questioned instant procurement process, and that defendant had deleted emails about $20.5 million contract to find that instant scheme included said contract for sentencing purposes. Also, Dist. Ct. could impose instant sentence, even though Dist. Ct. had subsequently given CEO only 54-month sentence, since Dist. Ct. could properly find that CEO had given prosecution more meaningful cooperation so as to justify instant disparity in sentences.