United States v. Leslie, No. 10-2994 (2d Cir. 2011)
Annotate this CaseDefendant appealed from a judgment of the district court, following his guilty plea to conspiring to commit bank fraud in violation of 18 U.S.C. 1349. At sentencing, defendant argued that he was not responsible for the losses incurred during the time period he was incarcerated because his incarceration was evidence of his withdrawal from the conspiracy. The district court disagreed and attributed the actual losses incurred during the entire conspiracy to defendant when it calculated his Sentencing Guidelines range and sentenced defendant to 51 months imprisonment. On appeal, defendant argued that his incarceration was prima facie evidence that he withdrew from the conspiracy, which then shifted the burden to the government to prove the contrary. The court disagreed and held that the evidence before the sentencing court of defendant's incarceration; the nature of the bank fraud conspiracy that he formulated, led, and executed; and defendant's contact with a co-conspirator upon his release from prison supported the district court's finding that he did not withdraw from the conspiracy during his incarceration. Accordingly, the district court did not err in attributing the actual losses of the entire conspiracy to defendant.
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