United States v. Philip Rossi

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant Philip Rossi pleaded guilty to one count of mail fraud relating to a fraudulent investment scheme in which he converted for his own purposes and personal use $3.5 million invested with him by approximately forty clients. He now appeals his above-Guidelines sentence of 144 months of imprisonment. Rossi challenges both the procedural and substantive reasonableness of his sentence. Specifically, he argues that (1) the district court failed to give defense counsel a meaningful opportunity to address its decision to vary upward from the…