United States v. Brinley, No. 10-5829 (6th Cir. 2012)
Annotate this CaseBrinley operated an investment company; his investors were friends, neighbors, and family. He told them that the certificates of deposit were FDIC insured and that their principal was not at risk, and promised above-market returns. He used their money to pay returns to other investors, overhead and living expenses. Brinley lied to investors who attempted to withdraw funds. In 2009, unable to continue the scheme, Brinley, accompanied by his attorney confessed that he owed investors approximately four million dollars. He entered a plea of guilty to wire fraud, 18 U.S.C. 1343. The probation officer calculated a Guidelines sentence range of 63-78 months. Brinley presented evidence of depression and argued for downward departure pursuant to U.S.S.G. 5K2.16 for acceptance of responsibility. The court rejected a claim that the offense would not have been detected absent disclosure, concluded that the guidelines failed to capture the severity of the offense, given the number and vulnerability of the victims, the need for deterrence, and the amount of loss, and imposed a sentence of 108 months. The Sixth Circuit affirmed, rejecting arguments that the court failed to notify of intent to vary upward, gave unreasonable weight to certain factors, considered impermissible factors, and imposed an unreasonable sentence.
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