United States v. Stein, No. 14-15621 (11th Cir. 2020)Annotate this Case
The Eleventh Circuit affirmed defendant's sentence for multiple counts of mail fraud, securities fraud, wire fraud, and money laundering, as well as conspiracy to commit wire and mail fraud and conspiracy to obstruct justice. This case comes before the court a second time, because defendant claims that the district court did not remedy the original errors found in his sentence. After review, the court held that the district court addressed and entirely solved the issues raised by the previous panel.
The court declined to address defendant's challenges to his conviction based on the mandate rule and the law of the case doctrine. The court affirmed the district court's calculation of loss, holding that the district court reasonably relied on evidence and analysis provided by a qualified expert who had earlier served as the acting division director and chief economist of the SEC's Division of Economic and Risk Analysis. The court held that defendant's remaining due process and forfeiture claims fall outside the scope of the limited remand in this case. Finally, the court rejected defendant's challenges to the district court's forfeiture order.
This opinion or order relates to an opinion or order originally issued on January 18, 2017.