United States v. Cerna, No. 10-2533 (7th Cir. 2012)
Annotate this CaseCerna and Alexandru, Romanian nationals, resided in the U.S. illegally while participating in a scheme to defraud online auction bidders. Individuals posed as sellers on auction sites. A co-schemer would bid and "win." Another co-schemer would contact a legitimate bidder, state that the winner had backed out, and offer to sell the items. Victims were instructed to pay by wire transfer. Co-schemers, including Cerna and Alexandru, collected payments using false identification. The scheme had more than 2,000 victims suffering losses totaling over $6,000,000. Cerna directed co-schemers and received a larger share. Cerna and Alexandru have previously been deported for commission of crimes. Both pleaded guilty to wire fraud. The district court calculated Cerna’s guideline range as 168 to 210 months and imposed a 180-month sentence. The range for Alexandru was 70 to 87 months; he was sentenced to 87 months. The Seventh Circuit affirmed, upholding a finding that Cerna held a managerial role and rejecting claims that his sentence was unconstitutionally disparate from sentences of co-defendants and that the court misapplied USSG 3553(a) factors. Defendants forfeited an argument that their sentences should be reduced for delay—both have been in custody since September 2005 but were not indicted until 2007.
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