United States v. Binkholder, No. 17-2688 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed defendant's sentence on remand for convictions related to his involvement in a fraudulent real estate investment scheme. The court held that the district court's determination that M.U. was a victim under USSG 2B1.1 was not erroneous where M.U. sustained a monetary loss because of defendant's scheme. The court rejected defendant's challenge to the constitutionality of 18 U.S.C. 3742(g)(1), and held that the district court's application of the version of the Guidelines in effect at the time of defendant's original sentencing did not violate the Constitution. Finally, defendant's remaining issues regarding the award of restitution and reasonableness of his sentence were not raised in his initial appeal and could not be raised now.