Second Circuit

Despite the significant amount of discretion granted to sentencing courts, the Court held that the district court’s downward variance of 80% from a Guidelines range of 85 years in prison to 17 years in prison was substantively unreasonable based on the Court of Appeals finding that the district court improperly second-guessed the defendant’s state of mind, created an unwarranted disparity between the defendants, and placed too much weight on mitigating factors.

The Court held that confidential, nonpublic information generated and held by a government agency constitutes “property” in Title 18 fraud offenses. The Court also held, unlike in Title 15 securities fraud cases, a defendant charged with securities or wire fraud under Title 18 does not have to receive a personal benefit to be convicted.

The Court held that suppression was not warranted where the defendant waived his Miranda rights, despite officers allowing him to take valium to avoid withdrawals, where there was other evidence indicating he was lucid, and where the defendant voluntarily consented to the search of his apartment upon signing a Written Consent.