United States Seventh Circuit

District court's conviction of defendant, imposition of a 57-month sentence, and orders of $4.9 million in restitution and $2.56 million in forfeiture, for running a grocery store and a food stamp scam that defrauded the United States Department of Agriculture out of several million dollars, are affirmed for the most part where: 1) the record does not support defendant's claim that during the plea colloquy, the district court failed to ensure that he knew the elements of wire fraud; 2) defendant has not shown that the government's statement about his sentence exposure affected any substantial right; 3) district court's conclusion that defendant had not accepted responsibility was not clear error; 4) district court's factual findings supporting the forfeiture award were not clearly erroneous; 5) district court's restitution order is remanded to correct the restitution award to reflect that the amount proven at the forfeiture proceeding was $4.29 million; and 6) defendant's motion seeking remand for evidentiary hearing is denied.

Appellate Information

• Argued 12/08/2009
• Decided 08/27/2010
• Published 08/27/2010

Judges

• ROVNER

Court

• United States Seventh Circuit

Counsel