District court’s sentence and conviction of defendant for multiple crimes related to a fraudulent telemarketing scheme is affirmed where:  1) the evidence presented at trial was sufficient to support the jury’s verdict that defendant acted with knowledge of a telemarketing company’s fraudulent activity and with the specific intent to defraud telemarketing company’s victims; 2) district court did not clearly err in applying the manager-or-supervisor enhancement as supported by evidence of defendant’s involvement and control over the scheme; and 3) defendant failed to overcome the presumption that his below-guidelines sentence is reasonable.       

Read US v. Anderson, No. 08-2925

Appellate Information

Appeal from the United States District Court for the Southern District of Illinois

Argued May 5, 2009Decided September 3, 2009

Judges

Before Ripple and Sykes, Circuit Judges, and Lawrence, District Judge. 

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