United States v. Roberta Dupre, Beverly Stambaugh

JOSÉ A. CABRANES, Circuit Judge.

We consider here a claim of a prejudicial variance from an indictment for wire fraud under 18 U.S.C. § 1343 and the role a victim’s religion may play in a sentencing judge’s application of United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”) § 3A1.1 (b) (authorizing increased sentences for those committing crimes against a “vulnerable victim”).

Defendants Roberta Dupre and Beverly Stambaugh appeal from an amended judgment of May 26, 2005, entered by the United States District Court for the Southern District of New York (Denise Cote, Judge) following…