United States v. Patricia Lebron

U.S. Court of Appeals for the Eleventh Circuit
United States v. Patricia Lebron, 572 F. App'x 841 (11th Cir. 2014)

United States v. Patricia Lebron

Opinion

PER CURIAM:

In connection with their conspiracy to engage in loan and credit application fraud, wire fraud, and wire fraud affecting a financial institution, John Lebrón and Paul Gogolewski appeal their sentences, and Patricia Lebrón appeals her conviction for wire fraud. On appeal, they argue:

1. That the evidence was insufficient to sustain the jury’s conviction of Patricia Lebrón for wire fraud affecting a financial institution (Count 7);
2. That the district court erred by applying the U.S.S.G. § 3Al.l(b) vulnerable-victim enhancement to John *842 Lebron’s offense level when calculating his guidelines range;
3. That John Lebron’s sentence was substantively unreasonable; and
4. That the district court’s forfeiture money judgment in the amount of $353,400.00 was erroneous because it included the consideration of acquitted conduct (Count 7).

Having thoroughly considered the briefs and the record, and after the benefit of oral argument, we find no reversible error.

Nevertheless, we note that the forfeiture money judgment incorrectly states that Gogolewski was convicted on Count 7. Accordingly, we remand to the district court for the limited purpose of correcting the forfeiture money judgment to state that Gogolewski was convicted only on Count 6 of the Superseding Indictment.

AFFIRMED IN PART; VACATED AND REMANDED IN PART TO CORRECT APPELLANT GOGOLEWSKI’S FORFEITURE MONEY JUDGMENT.

Reference

Full Case Name
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Patricia LEBRON, A.K.A. Patricia Kumer, Paul Gogolewski, John W. Lebron, Defendants-Appellants; United States of America, Plaintiff-Appellee, v. John Lebron, Defendant-Appellant
Status
Unpublished