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Generalized Findings Not Enough to Support Enhancements, Restitution

By Jonathan Byrne

US v. Llamas: Llamas was involved in a telephone "sweepstakes" scam run out of Costa Rica. Initially recruited into the operation to serve as one of the telemarketers contacting "winners," he eventually became a "room boss" and "office manager" at the call center in Costa Rica. Shortly before the whole operation came unravelled (a caller called a "judicial officer" - oops!), Llamas left the operation. Llamas pled guilty, without a plea agreement, to 63 charges stemming from the scheme, including conspiracy, mail fraud, and money laundering. He was sentenced to 132 months in prison and ordered to pay restitution of more than $4 million.On appeal, Llamas challenged both the calculation of his advisory Guideline range and his order of restitution...continue to full post

Full post as published by Fourth Circuit Blog on March 31, 2010 (boomark / email).