United States Third Circuit

Defendant's conviction and sentence for mail and wire fraud in connection with claims for payment from the Fen-Phen Settlement Trust are: 1) affirmed in part with regard to the conviction, where the district court did not err in its "willful blindness" jury instruction; but 2) vacated in part as to the sentence, where the district court did not err in its upward adjustments based upon a position of trust and special skill; but the matter is remanded for the district court to make the required factual findings concerning whether defendant supervised a criminally culpable subordinate, which is necessary to award an aggravated role enhancement.

Appellate Information

• Decided 04/30/2014
• Published 04/30/2014

Judges

• SHWARTZ

Court

• United States Third Circuit

Counsel