United States v. Smith

Defendant Derrick Reuben Smith was convicted by a jury on one count of conspiracy to commit wire fraud in relation to real estate mortgages. The district court declared a mistrial as to four other counts on which the jury could not reach a verdict, and later dismissed these counts without prejudice. At sentencing, the district court calculated an advisory sentencing range of thirty-seven to forty-six months' imprisonment. The court then sentenced Defendant to forty months' imprisonment and ordered payment of restitution. On appeal, Defendant objected to the district court’s dismissal of the mistried counts without, rather than with, prejudice. He also raised two challenges to the district court's calculation of actual loss in its determination of the applicable sentencing range. Finding no error in the district court's judgment, the Tenth Circuit affirmed Defendant's conviction and sentence. View "United States v. Smith" on Justia Law