6th Circ. Nixes Fraudster’s Appeal Of 5-Year Sentence

Law360, New York (August 8, 2011, 3:35 PM EDT) -- The Sixth Circuit on Monday upheld a nearly five-year sentence for a former investment adviser convicted of defrauding elderly and ill clients, denying his claims that the sentence was substantively unreasonable.

Flavio Varone argued that the district court judge had double-counted negative factors — including what the judge called the “appalling” nature of the crimes — when he sentenced Varone to 57 months in prison. Varone also said the judge hadn't given enough weight to positive factors, like Varone's lack of a previous criminal record....
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