United States v. Donald Austin

FLAUM, Circuit Judge.

Defendant Donald Austin was convicted and sentenced to 8^ years for knowingly buying and selling counterfeit works of art. Although we uphold his conviction, the denial of his motion for a new trial, and all but one of the trial court’s sentencing determinations, we remand for a reconsideration of whether Austin deserved a sentencing enhancement under the Guidelines for being an “organizer or leader.”

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Donald Austin owned and operated Austin Galleries, a chain of art galleries in Chicago, Detroit, and San Francisco. Austin, whose business grew from one Chicago gallery in…