Sufficiency of Evidence – Pleas & Sentencing

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Case Name: United States of America v. Frank Orlando and Robert McManus

Case No.: 15-1862; 15-2096

Officials: POSNER, FLAUM, and EASTERBROOK, Circuit Judges

Substantial evidence overcomes arguments of lack of sufficient evidence, sentence reasonable given charges.

“Orlando argues that he is entitled to the minor role adjustment because he did not actively participate in the actual extortions and was not present during any of the three collection trips. The minor role adjustment applies to “a defendant who plays a part in committing the offense that makes him substantially less culpable than the average participant.” U.S.S.G. § 3B1.2, cmt. 3(A). In assessing the defendant’s role, we look “at his role in the conspiracy as a whole, including the length of his involvement in it, his relationship with the other participants, his potential financial gain, and his knowledge of the conspiracy.” United States v. Diaz-Rios, 706 F.3d 795, 799 (7th Cir. 2013). We compare the defendant’s role to that of an average member of the conspiracy, not with that of the leaders. United States v. Gallardo, 497 F.3d 727, 741 (7th Cir. 2007).”

Affirmed

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.