United States v. Susi, No. 11-4041
Decided Mar. 21, 2012
Alfredo Homes Susi was convicted on one count of conspiracy to defraud, and multiple counts of aiding and abetting wire fraud. However, Susi’s sentence was vacated and remanded for resentencing. After resentencing, Susi challenged his new sentence by arguing that the district court erred in not recalculating his recommended Sentencing Guidelines range as part of the resentencing; the sentence is substantively unreasonable because the district court imposed the sentence based on the impermissible factor that Susi exercised his right to trial; and the sentence is procedurally and substantively unreasonable because the district court failed to provide an individualized and adequate explanation for the sentence. The Fourth Circuit found Susi’s assertions unpersuasive, and affirmed the sentence.
-Sara I. Salehi