United States v. Fitch, No. 07-10607 (9th Cir. 2011)
Annotate this CaseDefendant was convicted by a jury of nine counts of bank fraud, two counts of fraudulent use of an access device, two counts of attempted fraudulent use of an access device, two counts of laundering monetary instruments, and one count of money laundering. The district judge found by clear and convincing evidence that defendant had murdered his wife and that her death was the means he used to commit his crimes. Relying on that finding, the judge imposed a sentence of 262 months. Defendant appealed his sentence, arguing that the district court committed procedural error and that, in any event, its sentence was substantively unreasonable. The court held that it was eminently reasonable for the district court to infer that the victim was dead, that defendant knew she was dead, and that he had brought about her death in order to pillage her assets. The court also held that the district court's references to the seriousness of defendant's conduct and resulting harm to the victim was more than adequate to explain both its decision to depart drastically and its ultimate sentence. The court further held that its review of the record satisfied the court that the district court took great pains to fashion its sentence in light of the 18 U.S.C. 3553(a) factors. The court finally held that given that defendant's involvement in the victim's death was factually established, the district court was not unreasonable in giving it great weight; having determined that defendant intended to murder the victim, it was reasonable for the district court to substantially increase defendant's sentence; and the pre-indictment delay was not a relevant sentencing factor. Accordingly, the court affirmed the district court's judgment.
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