United States v. White, No. 16-4070 (4th Cir. 2017)
Annotate this CaseDefendant, a disbarred attorney, was convicted of mail fraud, wire fraud, money laundering, and aggravated identity theft stemming from her scheme to defraud her client. On appeal, defendant argued that she was entitled to a Franks v. Delaware hearing because the client/witness's testimony called into question the validity of the warrant to search defendant's residence. The court concluded that the district court did not err in finding that defendant failed to make the requisite showing for a Franks hearing where defendant could not point to a false statement and defendant failed to establish the requisite scienter. The court also concluded that the district court did not err by applying a two-level enhancement for misrepresentation of a government agency under USSG 2B1.1(b)(9)(A); by applying a two-level sophisticated-means enhancement under USSG 2B1.1 cmt 9(B); and by sentencing defendant at the top end of the Guidelines range. Accordingly, the court affirmed the judgment.
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