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US v. Scott, 10-1597

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By FindLaw Staff on January 12, 2011 3:17 PM

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.

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