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U.S. v. LLAMAS

No. 09-4045.

599 F.3d 381 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Luis LLAMAS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 17, 2010.

Attorney(s) appearing for the Case

ARGUED: Matthew Segal, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Ellen Ruth Meltzer, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Claire J. Rauscher, Executive Director, Kevin Tate, Cecilia Oseguera, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Edward R. Ryan, Acting United States Attorney, Charlotte, North Carolina; Lanny A. Breuer, Assistant Attorney General, Criminal Division, Patrick M. Donley, Peter B. Loewenberg, Fraud Section, Criminal Division, United States Department of Justice, Washington, D.C., for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge AGEE joined.

OPINION

KING, Circuit Judge:

In late 2007, Juan Luis Llamas was convicted in the Western District of North Carolina for multiple offenses arising from his role in a fraudulent sweepstakes scheme centered in Costa Rica. Llamas was then sentenced to 132 months of imprisonment and ordered to make restitution in a sum exceeding $4.2 million. On appeal, Llamas raises three primary contentions of error. First, he maintains that the district court erred in applying...

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