United States v. Valdes-Ayala, No. 16-1002 (1st Cir. 2018)
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The First Circuit affirmed Defendant’s convictions and the order of restitution imposed by the trial court but vacated the sentence of incarceration and remanded for resentencing, holding that the trial judge erred when it used the 2014 Guidelines Manual rather than the 2015 Guidelines manual at the time of sentencing and that the trial judge’s clear error affected Defendant’s substantial rights.
The Court held (1) the government presented sufficient evidence to support Defendant’s convictions for bankruptcy fraud, wire fraud, and aggravated identity theft; (2) the bankruptcy fraud theory the government argued in its closing did not constitute a constructive amendment to Defendant’s indictment nor a prejudicial variance; (3) the trial judge properly instructed the jury about bankruptcy fraud and aggravated identity theft; (4) the district judge used the incorrect version of the United States Sentencing Commission’s Guidelines Manual, which affected both the calculation of the applicable guidelines sentencing range and the ultimate imposition of the sentence of incarceration; and (5) the district court did not commit any errors when it ordered restitution to the clerk of court for the district court.
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