Dist. Ct. did not err in sentencing defendant to 48-month term of incarceration on mail fraud charge involving scheme to short-change DIRECTV for cable services provided to 150 multi-dwelling complexes, where defendant made misrepresentations to DIRECTV to provide services/channels that were not paid for. Dist. Ct. could properly find that defendant owed $372,000 in unrecovered receivers, account delinquencies, promotional credits and costs associated with DIRECTV audit to uncover defendant’s scheme. Ct. rejected defendant’s claim that he was entitled to offset for payments he actual made to DIRECTV since such payments were made in furtherance of scheme. Also, Dist. Ct. could apply organizer enhancement under section 3B1.1(a) of USSG, since instant 6-year scheme involving hundreds of delinquent accounts could be viewed as extensive.
Federal 7th Circuit Court
Criminal Court
Sentencing