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U.S. v. OLSHAN

No. 03-13032.

371 F.3d 1296 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jordan P. OLSHAN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 3, 2004.

Attorney(s) appearing for the Case

George W. Andrews, III, White, Dunn & Booker, Augusta S. Dowd, Lange, Simpson, Robinson & Somerville, Birmingham, AL, for Defendant-Appellant.

Sandra J. Stewart, Birmingham, AL, for Plaintiff-Appellee.

Before DUBINA and CARNES, Circuit Judges, and MILLS, District Judge.

CARNES, Circuit Judge:

Jordan P. Olshan appeals his 90-month sentence for mail fraud and for filing a false income tax return, in violation of 18 U.S.C. § 1341 and 26 U.S.C. § 7206(1), respectively. He contends that he should not have received the two-level mass-marketing enhancement under U.S.S.G. § 2F1.1(b)(3) (2000), because he solicited only those within his existing client base and not the general public. He also contends that application of the...

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