United States v. Martin, No. 14-11019 (11th Cir. 2015)
Annotate this CaseIn 2006, Nivis Martin and her ex-husband participated in a scheme in which the pair lied on a series of mortgage applications relating to property they held in Florida. After a trial by jury, Martin was convicted of multiple counts of bank and wire fraud, sentenced to a prison term of 46 months, and ordered to pay close to $1 million in restitution. On appeal, Martin challenged her convictions, contending that the district court erred in denying her motion for judgment of acquittal on all counts because the evidence was insufficient. She also challenged her sentence, arguing that her offense level should have been reduced pursuant to United States Sentencing Guidelines section 3B1.2 to reflect her minimal or minor role in the offense. Finally, she contended that the trial court erred when it imposed an order of restitution. After thorough review, the Eleventh Circuit affirmed her convictions and sentence, but vacated the restitution award and remand for a new determination of the victims’ losses.
The court issued a subsequent related opinion or order on April 13, 2018.
The court issued a subsequent related opinion or order on April 25, 2018.
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