United States Seventh Circuit

District court's imposition of a 63-month sentence upon a defendant convicted of mail fraud, arising from charges for engaging in a scheme to defraud investors through the use of the United States mail, is affirmed where: 1) the district court properly refused to consider the co-conspirator's non-conviction and non-sentencing under 18 U.S.C. section 3553(a)(6); 2) the district court correctly held that consideration of the co-conspirator's non-charging, non-conviction, and non-sentencing under section 3553(a) would improperly hinder the exercise of prosecutorial discretion; and 3) defendant's sentence is reasonable because the district court adequately explained his sentence, taking into account all relevant factors, and the defendant's references to section 3553(a) during the sentencing hearing did not require the district court to issue a more explicit ruling on defendant's section 3553(a) argument.

Appellate Information

• Argued 09/29/2010
• Decided 01/12/2011
• Published 01/12/2011

Judges

• BAUER

Court

• United States Seventh Circuit

Counsel