United States v. Diego L. Siman

Diego L. Siman appeals his 84-month, above-guideline sentence imposed after pleading guilty to wire fraud, in violation of 18 U.S.C. § 1343. Siman argues: (1) for the first time on appeal that district court’s deviation above the guideline range constitutes an upward departure of which he was entitled to advance notice per Fed. R.Crim.P. 32(h); (2) in the alternative, that the above-guideline sentence is substantively unreasonable; and (3) that the district court violated Fed.R.Crim.P. 32(i)(l)(C) and his right to due process by considering undisclosed victim letters to determine his sentence…