United States v. Navarro-Jusino, No. 20-40401 (5th Cir. 2021)Annotate this Case
The Fifth Circuit affirmed defendant's 120-month sentence for wire fraud where he defrauded the victim out of his life savings. Defendant told the victim that he would invest the money in a "high-performing fund called Blueshare Capital Fund" but no such fund existed. The court concluded that defendant's sentence was substantively reasonable where the district court applied an eighty-seven-month variance based on the devastating impact of defendant's crime on the victim. In this case, defendant's crime took all of the victim's life savings, forcing the victim to live off of government assistance for the rest of his life. The district court also relied on the need to deter defendant from future crimes and to promote respect for the law. Therefore, the district court did not abuse its discretion purely based on the length of the sentence. Finally, the court concluded that the district court did not abuse its discretion in choosing how much weight to give the sentencing factors and, at bottom, by determining that defendant's promise to pay was not credible in light of his fraud.