United States Ninth Circuit

Sentence for conviction of mail fraud and wire fraud is affirmed where: 1) the government did not breach the plea agreement by arguments it made at sentencing; 2) the district court was not required to give notice of its intent to impose a sentence above the range suggested by the Sentencing Guidelines as required by Fed. R. Crim. P. 32(h) because the sentence was the result of a variance not a departure; 3) defendant failed to establish that the district court erred by failing to sua sponte determine the sufficiency and reliability of statements proffered by the government in support of restitution for newly-discovered victims; and 4) the district court properly exercised its discretion in imposing a special condition of supervised release requiring that the defendant apply all monies received to his court-ordered financial obligations.

Appellate Information

• Decided 08/14/2013
• Published 08/14/2013

Judges

• Zipps

Court

• United States Ninth Circuit

Counsel