United States v. Camara, No. 17-4602 (4th Cir. 2018)Annotate this Case
The Fourth Circuit affirmed defendant's conviction and sentence of criminal conspiracy for his involvement in a scheme to acquire and resell luxury vehicles using stolen identities. The court held that the district court's supplemental jury instruction did not constitute a constructive amendment in violation of the Fifth Amendment. In this case, the district court's instruction neither altered an element of the conspiracy charged by defendant's indictment nor prejudiced the defense. The court also held that the supplemental instruction did not violate defendant's right to a trial by an impartial jury. Finally, the court found no error in the district court's loss calculation and the evidence fully supported the district court's application of a two-level sentencing enhancement under USSG 2B1.1(b)(4) for being in the business of receiving and selling stolen property.