United States Tenth Circuit

Sentence for conspiracy to defraud investors is affirmed over defendant's arguments that: 1) the district court improperly used a preponderance of the evidence standard in finding facts related to sentencing; 2) the district court erroneously determined defendant was responsible for more than fifty victims based on insufficient evidence, including unreliable hearsay; 3) the district court erroneously determined defendant obstructed justice, violating defendant's Fifth Amendment rights; 4) the amount of loss attributed to defendant was erroneous and not foreseeable to him; and 5) his sentence, restitution order, and forfeiture order were unreasonable.

Appellate Information

• Decided 08/02/2007
• Published 08/03/2007

Judges

Court

• United States Tenth Circuit

Counsel