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Defendant's Sentence for Mail Fraud Conviction Vacated and Remanded

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By FindLaw Staff on July 21, 2010 1:36 PM

US v. Wilson, 08-1963, concerned a challenge to the district court's imposition of a 48-month sentence in a prosecution of defendant for mail fraud in violation of 18 U.S.C. section 1341.  In vacating and remanding for resentencing, the court held that the district court committed plain error by selecting defendant's sentence based on the clearly erroneous notion that she was responsible for the theft of fifteen hundred financial instruments.  The court also held that the district court's reliance upon plainly incorrect facts affected defendant's substantial rights because there is a reasonable probability that, without the incorrect reliance, she would have received a more favorable sentence.  Lastly, the court held that the district court's error, which implicated defendant's due process right not to be sentenced on the basis of material misinformation, jeopardized the fairness, integrity, and public reputation of the judicial proceedings.

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