U.S. v. Harris

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 12-1470
Decision Date: 
May 29, 2013
Federal District: 
S.D. Ill.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 210-month term of incarceration on mail fraud and money laundering charges stemming from scheme to manipulate over $6 million in investors’ funds for defendant’s own personal use. Dist. Ct. could properly count married investors with joint investment accounts as two separate victims when calculating that instant scheme involved more than 50 victims for purpose of imposing enhancement under section 2B1.1(b)(2) of USSG, since spouses who hold joint investment accounts share gain and losses equally. Moreover, Dist. Ct. did not err in denying defendant’s fourth request for continuance of sentencing hearing where defendant had already incurred eight-month delay in sentencing hearing to conduct research on any issue regarding amount of loss incurred by victims, and where it was unlikely that defendant’s claimed errors would have altered final sentencing range.