United States v. Kent, No. 14-2082 (2d Cir. 2016)
Annotate this CaseDefendant appealed his sentence after being convicted of charges related to his involvement in a wire fraud conspiracy. The court concluded that the district court erred in determining that defendant was a leader or organizer of an “otherwise extensive” criminal activity and was thus subject to a four‐level sentencing enhancement under USSG 3B1.1(a). In this case, the district court failed to consider the factors the court explained in United States v. Carrozzella are central to the section 3B1.1(a) inquiry: namely, the number of knowing participants and the number of unknowing participants organized by the defendant to render services peculiar and necessary to the criminal scheme. Accordingly, the court vacated the sentence and remanded for resentencing.
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