United States v. Allmendinger, No. 11-5162 (4th Cir. 2013)Annotate this Case
Defendant appealed his conviction and sentence for crimes related to his involvement in an investment scheme which resulted in nearly $100 million dollars in losses for investors. The court held that defendant's Fifth Amendment rights were not violated where the government limited its case to events occurring while defendant was an owner of A&O to simply prove a more narrow conspiracy than was charged in the superseding indictment. Because the conspiracy proven was within the scope of those alleged in the unredacted indictment, the narrowing at most created a non-fatal variance. Finally, the court rejected defendant's claims that his sentence was procedurally and substantively unreasonable. Accordingly, the court affirmed the convictions and sentence.