U.S. v. Panice

Dist. Ct. erred in sentencing defendant to 360-month term of incarceration on mail and wire fraud counts stemming from two schemes to defraud individuals seeking technology jobs and individuals investing money in CDs. Remand was required for issuance of new restitution order where said order required defendant to pay back moneys that had already been returned to victims. Moreover, remand was also required where certain statements made by Dist. Ct. indicated that it may have impermissibly started with presumption of reasonableness in sentencing guideline and may not have given adequate consideration to section 3553(a) sentencing factors such as avoidance of unwarranted sentence disparities between defendant and others accused of similar fraudulent schemes.