United States v. Valente, No. 17-2311 (2d Cir. 2019)Annotate this Case
Defendant appealed his sentence after he pleaded guilty to an information charging securities fraud, mail fraud, and obstruction and impeding the Internal Revenue Laws. Defendant, a former registered investment broker, perpetrated fraud on the clients of ELIV Group, an unregistered investment and consulting group that he owned and operated.
The Second Circuit vacated in part the district court's sentence of incarceration as procedurally unreasonable because of an incorrect criminal history finding. Accordingly, the court remanded as to this issue. The court affirmed the district court's imposition of the amended restitution order where the district court corrected the restitution amount during resentencing.