United States v. Scott, No. 16-1434 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed the judgment of the district court accepting Defendant’s plea of guilty to wire fraud charges and sentencing Defendant to forty-one months’ imprisonment. This sentence meant that Defendant would serve six additional months of prison time beyond the amount to which he and the government had conditionally agreed in a plea agreement. Defendant was also ordered to pay $265,535 in restitution to various victims identified in the presentence report (PSR). The plea agreement called for $49,000 in restitution. The First Circuit held (1) the district court did not err in rejecting the plea agreement Defendant negotiated with the government; (2) any error on the part of the district court in not allowing Defendant to negotiate and submit a new agreement was harmless; and (3) any error on the part of the district court in sentencing Defendant before he reviewed the PSR was harmless.