U.S. v. Eberts

Dist. Ct. did not err in sentencing defendant to within-guidelines, 46-month term of incarceration on wire fraud and money laundering charges that stemmed from scheme in which defendant, after filing for bankruptcy, induced investor to wire him over $600,000 for purposes of making movie, but then spent 90 % of money on personal and luxury items. While defendant argued that Dist. Ct. did not sufficiently consider his mitigation evidence that included fact that he had pleaded guilty and had paid victim $400,000 in partial satisfaction of victim’s loss, Dist. Ct. had adequately considered and discussed said mitigation, as well as various section 3553(a) factors. Moreover, Dist. Ct. could properly discount instant $400,000 payment, which was actually paid by defendant’s mother, since said payment was not voluntary, but rather was result of prior court order in civil lawsuit directing defendant to pay victim $1 million. Also, record supported Dist. Ct.’s finding that defendant had never intended to make movie.