United States Sixth Circuit

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US v. Osborne, 07-5572

In a criminal case involving a modeling agent who defrauded Fruit of the Loom with the help of a Fruit of the Loom employee, his conviction and below-Guidelines sentence for conspiracy to commit mail fraud are affirmed over claims that: 1) there was a variance between the indictment, which charged one conspiracy, and the proof at trial, which defendant asserted proved two separate conspiracies, only one of which involved him; and 2) his sentence was imposed in violation of Apprendi and Booker.

Appellate Information

  • Decided 10/28/2008
  • Published 10/28/2008


  • Before:  MARTIN, ROGERS, and SUTTON, Circuit Judges.


  • United States Sixth Circuit


  • For Appellees:
  • ARGUED:  Todd A. Bussert, Law Office Of Todd A. Bussert, New Haven, Connecticut, for Appellant.  Monica Wheatley, Assistant United States Attorney, Louisville, Kentucky, for Appellee.   ON BRIEF:  Todd A. Bussert, LAW OFFICE OF TODD A. BUSSERT, New Haven, Connecticut, for Appellant.   Monica Wheatley, Terry M. Cushing, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.