United States v. Mark Allen Sullivan

Mark Sullivan pleaded guilty to one count of wire fraud, in violation of 18 U.S.C. § 1343, and was sentenced to a term of imprisonment of 41 months. Sullivan was ordered to pay restitution in the amount of $56,464 to Lowell Lundstrom, Jr., of South Dakota, and in the amount of $48,000 to Paul Rohde, of Kansas. Sullivan appeals his sentence and the Lundstrom restitution order. Because we conclude the district court committed procedural error when it departed upward from the advisory sentencing guidelines, we remand for resentencing. Because we conclude Sullivan’s appeal waiver is enforceable…