Sentencing — amount of loss — acceptance of responsibility — health

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — amount of loss — acceptance of responsibility — health

Where the district court found the BOP is capable of taking care of the defendant’s health problems, it was not unreasonable to impose a within-guideline sentence of 120 months.

“The district court calculated the loss at $4,000,000, and that finding was not plain error. Rather, it represented the amount investors lost due to Dachman’s fraud. The district court also did not abuse its discretion in denying Dachman a two-level reduction for acceptance of responsibility, given Dachman’s statements minimizing his responsibility and placing blame on others. Finally, the district court’s within-guidelines sentence of 120 months was both procedurally and substantively sound. The district court considered the §3553(a) factors, including Dachman’s arguments based on his numerous health issues.”

Affirmed.

13-2353 U.S. v. Dachman

Appeal from the United States District Court for the Northern District of Illinois, Zagel, J., Manion, J.