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Usav.Stanley Presendieu, Et Al

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.15-14830
DecidedJanuary 19, 2018
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CriminalCriminal ProcedureSentencingSentencing GuidelinesPost-Conviction ReliefVacaturRemandSpecial Concurrence
Case Summary

Stanley Presendieu and Scarlee Valias Jean appealed after pleading guilty in a federal identity-fraud and tax-refund scheme. The Eleventh Circuit affirmed Presendieu’s convictions, rejecting his challenge to the plea proceedings under the plain-error standard. As to Jean, the court upheld guideline increases for sophisticated means and unauthorized access devices but held that the district court calculated the loss amount incorrectly and evaluated her minor role using only one factor. The court explained that Jean’s role in the broader scheme required factual findings about the extent of her participation, access to fraudulent materials, and relationship to other participants. It therefore vacated Jean’s sentence and remanded for resentencing using a loss amount of $109,000 and a complete analysis of the relevant role factors. A concurrence emphasized the importance of explaining offense elements during a guilty-plea colloquy even though Presendieu had not shown plain error.

Opinion

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