U.S. v. Issa

Dist. Ct. did not err in imposing below-Guidelines, 200-month term of incarceration on wire fraud charge, arising out of scheme to transfer assets from his employer and others to himself that cost victims $77,494,657. After defendant entered into plea agreement, defendant agreed that his offense level should be increased by two levels because he knew or should have known that one or more victims of charged offense was vulnerable victim. While defendant argued that Dist. Ct. improperly relied on false information provided by victims to form basis of instant sentence, Ct. of Appeals found that Dist. Ct. appropriately accepted written and oral submissions from victims and acted within its discretion in considering and weighing their submissions. Moreover, defendant failed to establish that Dist. Ct. had relied on allegedly false information when imposing instant sentence. Dist. Ct. could also rely on defendant’s stipulations to make finding that vulnerable victim enhancement applied to instant sentence, and defendant otherwise waived any challenge to said enhancement, where, as here, defendant stipulated to facts supporting enhancement as part of his written plea agreement.