U.S. v. Hise

Dist. Ct. did not err in sentencing defendant to 63-month term of incarceration plus $1,528,425.31 restitution order, after defendant had pleaded guilty to two counts of wire fraud that stemmed from defendant’s embezzlement of funds from her employer. Defendant argued that Dist. Ct. violated Fed. R. Crim. Pro. 32(i)(1)(A) and (C) by failing to ensure that defendant and her counsel had read and discussed amended presentence report prior to imposing said sentence. Defendant acknowledged that she and her counsel had opportunity to review and make objections to original presentence report and failed to identify on appeal any objection to revised presentence report that could have been made to revise presentence report or to lower her sentence. Ct. also rejected defendant’s claim that her trial counsel was ineffective for failing to appear with her at final determination hearing regarding imposition of final restitution amount, since defendant could establish no prejudice, where Dist. Ct. was merely imposing stipulated restitution amount at said hearing.