United States Sixth Circuit

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

Judges

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

Court

• United States Sixth Circuit

Counsel

• 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.