United States Fourth Circuit

In a prosecution that resulted in conviction for crimes arising from the defendant's participation in a telemarketing sweepstakes scheme in Costa Rica, the sentence after remand is affirmed, where: 1) even if the district court erred in concluding that it was barred from reconsidering the Sentencing Guidelines calculation on remand, the error was harmless; 2) the record did not support the defendant's claim that the court improperly used his having gone to trial as a basis for sentencing him; and 3) the sentence was substantively and procedurally reasonable.

Appellate Information

• Decided 03/21/2012
• Published 03/21/2012

Judges

• Agee

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Michael David Gelety, Michael Alan Rotker