United States v. Smith

BRORBY, Circuit Judge.

Benjamin Alex Smith was charged by indictment and convicted of six counts of wire fraud, and aiding and abetting in violation of 18 U.S.C. §§ 1343 and 2, and one count of mail fraud, and aiding and abetting, in violation of 18 U.S.C. §§ 1341 and 2. The district court sentenced him to fifty-seven months of imprisonment on each count, all counts to run concurrently. Mr. Smith appeals both his conviction and the sentence imposed under the Sentencing Guidelines. See U.S. Sentencing Guideline’s Manual (Nov. 1995) (“U.S.S.G.”).

On appeal, Mr. Smith raises three issues. First,…