Legal Opinion

United States v. Roberto Trinidad Del Carpio Frescas

Court of Appeals for the Fifth Circuit

Decided July 29, 2019No. 17-50245; CONSOLIDATED WITH 17-50686PublishedCited by 55 opinions

1Per curiam

*327 A federal jury convicted Roberto Trinidad del Carpio Frescas of engaging in wire fraud and then laundering the proceeds. He cheated Mexican "investors" out of at least $5 million in a multi-year transnational Ponzi scheme. Del Carpio nonetheless brings a variety of challenges to his convictions, restitution order, and sentence. We affirm the convictions and restitution order in full. But the district court's Guidelines calculation was off by a single point. So under current Supreme Court precedent and the facts of this case, we have no choice but to vacate the sentence and remand for the…

Also in this document: Concurrence.

2Cases cited46 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. United States v. OlanoSupreme Court of the United States · 1993
  4. Coleman v. ThompsonSupreme Court of the United States · 1991
  5. Schneckloth v. BustamonteSupreme Court of the United States · 1973

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3Cited by55 opinions

  1. United States v. Frankie SandersCourt of Appeals for the Fifth Circuit · 2020
  2. United States v. KiefferCourt of Appeals for the Fifth Circuit · 2021
  3. United States v. DavisCourt of Appeals for the Fifth Circuit · 2022
  4. United States v. Laroy JohnsonCourt of Appeals for the Fifth Circuit · 2019
  5. United States v. Michael MaesCourt of Appeals for the Fifth Circuit · 2020

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