United States Eighth Circuit

Defendant's mail fraud conviction and sentence are affirmed where: 1) defendant's misrepresentations influenced the intended victim, and were therefore material; 2) the district court recognized its authority to depart downward from defendant's Guidelines sentence; 3) there was no indication in the record that the district court relied upon defendant's socio-economic status during sentencing; and 4) the purpose of the Mandatory Victim Restitution Act was to restore the injured party, not to benefit the wrongdoer.

Appellate Information

• Decided 06/04/2010
• Published 06/04/2010

Judges

• SHEPHERD, Circuit Judge., Before RILEY, Chief Judge,SMITH and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel