United States v. Rodriguez, No. 11-15911 (11th Cir. 2013)
Annotate this CaseDefendant appealed his convictions and sentence for conspiracy to commit wire fraud and wire fraud. The court concluded that there was sufficient evidence for a reasonable trier of fact to find defendant guilty beyond a reasonable doubt. The court concluded, however, that the record did not support a finding that defendant's offense involved more than 50 victims. Accordingly, the court vacated defendant's sentence and remanded to the district court for resentencing with a 2-level enhancement under U.S.S.G. 2B1.1(b)(2)(A) rather than a 4-level enhancement under U.S.S.G. 2B1.1(b)(2)(B).
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