United States v. Nygren, No. 18-1548 (1st Cir. 2019)
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The First Circuit affirmed Defendant's sentence of ninety-five-month incarcerate terms on each of sixty-three bank fraud counts and sixty-month incarcerate terms on the two remaining counts of which Defendant was convicted, with all sentences to run concurrently, and the order of restitution in the amount of $815,496.27, holding that Defendant's sentence was neither procedurally nor substantively flawed.
Defendant pleaded guilty to sixty-three counts of bank fraud, one counts of use of an unauthorized device, and one count of tax evasion. The district court found that the government had shown by a preponderance of the evidence that Defendant had attempted to obstruct justice for his feigned incompetency and, therefore, an obstruction-of-justice enhancement was appropriate. The enhancement supported an upward offense-level adjustment under U.S.S.G. 3C1.1. The First Circuit affirmed, holding (1) the district court did not err in applying the obstruction-of-justice enhancement on the basis of Defendant's feigned incompetency; and (2) the court did not err in refusing the shrink Defendant's offense level for acceptance of responsibility.
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