MacChione v. United States

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

John Macchione was convicted by a jury of one count of mail fraud and three counts of tax evasion related to a scheme to defraud Uno-Ven, a company that employed his co-defendant Richard Rice, out of more than a million dollars. I sentenced him to 37 months imprisonment, reflecting an offense level of 21, which was the result of grouping of the mail fraud and tax evasion counts under U.S.S.G. § 3D1.2. Unhappy with the performance of his trial counsel, Mr. Macchione retained new counsel and filed a notice of appeal. The government filed a…