United States v. Presendieu, No. 15-14830 (11th Cir. 2018)Annotate this Case
The Eleventh Circuit affirmed Defendant Presendieu's convictions, and vacated Defendant Jean's sentence in a case involving an illegal check-cashing scheme. The court held that Presendieu did not show that the district court plainly erred, either as a matter of constitutional due process or under Rule 11, in accepting defendant's guilty plea. The court held, however, that the district court clearly erred in holding Jean responsible for the approximately $84,000 of loss incurred as a result of a codefendant's independent check-cashing activity. The court also held that the district court did not err in applying to Jean's sentence a two-level sentence enhancement under USSG 2B1.1(b)(11)(B)(i) and a two-level enhancement under USSG 2B1.1(b)(10)(C) for the use of sophisticated means. Finally, the district court did not err by denying Jean's request for a minor role reduction under USSG 3B1.2(b). The court remanded for the district court to resentence Jean.