United States v. Kenneth J. Schulte

OPINION

WISEMAN, Senior District Judge.

Kenneth J. Schulte (“Appellant”) appeals the sentence entered on March 2, 2000 against him for wire fraud, bank fraud, and securities fraud. Appellant argues that the district court should have departed another nine levels for family responsibilities, and failed to depart those additional levels because it did not understand that it possessed the authority to depart that far. In addition, Appellant asserts that his sentence violates the Supreme Court’s holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Appellant also…