Sentencing challenge in a conviction for mail fraud
US v. Scott, 10-1597, concerned a challenge to the 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.
In affirming the sentence, the court held that 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). The court held held
that 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. Lastly, the court held that 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.