U.S. v. Buncich

Dist. Ct. did not err in sentencing defendant-Sheriff to 151-month term of incarceration on wire fraud and bribery charges arising out of scheme to extract money from towing companies to stay on defendant’s list of eligible companies to tow vehicles pursuant to police directions. While defendant argued that Dist. Ct.’s calculation of benefits to tow companies was inaccurate because said companies received no benefits arising out of scheme, record showed that said companies received benefits by being able to stay on defendant’s list and by maintaining their exclusive territories. Also, Dist. Ct. could properly adopt findings in pre-sentence report for its conclusions on benefits-received issues and did not err in imposing instant guideline sentencing range, where Dist. Ct. acknowledged that it had discretion to impose different sentence. Ct. rejected defendant’s argument that he was entitled to lower sentence due to unwarranted sentence disparities among other defendants, where: (1) instant within Guideline sentencing range complied with section3553(a)(6); and (2) Dist. Ct. may pass over in silence defendant’s argument that court failed to consider disparities when imposing Guideline-range sentence. (Partial dissent filed.)