US v. Andrew Powers, No. 20-4396 (4th Cir. 2022)
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A jury in the Eastern District of Virginia convicted Defendant of defrauding investors in his technology company out of millions of dollars. The district court sentenced him to 151 months in prison, the bottom of the applicable Sentencing Guidelines range. Defendant appealed, raising two issues. First, he claimed that the indictment against him did not adequately allege venue in the Eastern District of Virginia. Second, he contended that the Fourth Circuit must vacate his sentence because the district court did not address his argument for a downward variance.
The Fourth Circuit affirmed the district court’s judgment and held that Defendant’s sentence is procedurally reasonable. The court explained that although the district court did not address Defendant’s specific contention about the alleged policy failings of the fraud Guidelines, it did address and reject his argument that the fraud enhancements consequently overstated his culpability. Defendant did not raise any other objection to his sentence, and the record reveals that the district court provided a thorough and individualized explanation for its sentencing decision.
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