United States Seventh Circuit

Conviction for multiple counts of mail fraud, wire fraud, and money laundering is affirmed where: 1) the district court did not improperly exclude a proffered jury instruction and a portion of the defense's closing arguments because they did not reflect a theory that was supported by the other facts and the law, and because the court granted defendant the latitude to make his argument to the jury orally; 2) the sentencing factors used did not increase the sentence beyond the statutory maximum, therefore it was not unconstitutional for the district court to apply them based on facts it found through a preponderance of the evidence; and 3) it was not an error for the district court to enhance the sentence based on the fact that defendant was an elected public official.

Appellate Information

• Decided 12/20/2006
• Published 12/20/2006

Judges

• KANNE, Circuit Judge., Before EASTERBROOK, Chief Judge, and KANNE and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Bernard Van Wormer (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee., John L. Kelly, Jr. (argued), Merrillville, IN, Frederick T. Work, Gary, IN, for Defendant-Appellant.