United States Second Circuit

Sentence for wire fraud and conspiracy to commit wire fraud related to defrauding investors in a sham diamond company are vacated and remanded where the district court erred in applying sentencing enhancements for (1) receiving gross receipts in excess of $1 million from a financial institution under U.S.S.G. section 2B1.1(b)(A); and (2) for abusing a position of trust pursuant to U.S.S.G. section 3B1.3. Conviction otherwise affirmed.

Appellate Information

• Published 2016/12/19

Judges

• RESTANI

Court

• United States Second Circuit

Counsel