United States v. Susi, No. 11-4041 (4th Cir. 2012)
Annotate this CaseDefendant appealed the sentence imposed following remand for sentencing where defendant's convictions arose from his participation in a telemarketing sweepstakes scheme in Costa Rica. The court held that it need not resolve whether the district court erred in concluding that it was barred from reconsidering the Sentencing Guidelines calculation, because even if the court assumed that the district court erred in this respect, that error was harmless under the facts of the case. The court also held that, given the totality of the district court's statements, defendant's sentence was not improperly based on his decision to go to trial or as a result of his successful appeal of his original sentence. Finally, the court held that defendant's sentence was both procedurally and substantively reasonable. Accordingly, the court affirmed the judgment.
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