United States v. John T. Jarvis

OPINION OF THE COURT

FUENTES, Circuit Judge:

This is an appeal of a five-level upward departure from the fraud sentencing guideline. In December 1999, John T. Jarvis pled guilty to one count of mail *237fraud in violation of 18 U.S.C. §§ 1341 and 1342. He admitted to participating in two separate fraudulent schemes that bilked investors of more than $880,000. The Pre-sentence Investigation Report (“PSR”) set Jarvis’ guideline sentencing range at 24 to 30 months. However, after determining that Jarvis caused psychological injury to his victims and knowingly endangered their solvency, the district…