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U.S. v. POWELL

No. 09-4012.

650 F.3d 388 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Solomon N. POWELL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 12, 2011.

Attorney(s) appearing for the Case

ARGUED: Charles D. Lewis , Richmond, Virginia, for Appellant. Richard Daniel Cooke , Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Neil H. MacBride , United States Attorney, Alexandria, Virginia, Michael R. Gill , Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge SHEDD and Judge DUNCAN joined.

OPINION

WILKINSON, Circuit Judge:

Solomon Powell was convicted of mail fraud, wire fraud, and attempted destruction of evidence because of his business of selling merchandise over the Internet and then pocketing the money without sending along the products. At sentencing, the district court relied on hearsay in concluding that Powell's scheme harmed more than ten people and caused just under $200,000 in damage, subjecting him to an increased advisory Guidelines...

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