Usav.Nelson Cristiano Machado, Jr.
Nelson Cristiano Machado was convicted of three counts of wire fraud based on false information used to obtain mortgage loans for Florida properties. The Eleventh Circuit affirmed the convictions after rejecting challenges to the indictment, the sufficiency of the evidence, the admission of evidence, and the exclusion of an indictment charging a mortgage broker in an unrelated matter. The court held that the evidence supported the jury’s finding that Machado knowingly participated in the loan fraud and that the unrelated indictment was too attenuated to make his lack of knowledge more probable. The court then addressed sentencing. Before imposing the sentence, the district court asked defense counsel whether Machado wished to speak but did not address Machado personally, despite the interpreter and the formal right of allocution under Federal Rule of Criminal Procedure 32. Because the error was plain and the sentence was not at the bottom of the advisory range, prejudice was presumed. The court affirmed the convictions, vacated the sentence, and remanded for allocution and resentencing.
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