United States v. Christopher

91 F. App'x 471
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 4, 2004
DocketNo. 02-4004
StatusPublished
Cited by7 cases

This text of 91 F. App'x 471 (United States v. Christopher) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Christopher, 91 F. App'x 471 (6th Cir. 2004).

Opinion

OPINION

COLE, Circuit Judge.

Defendant-Appellant Larry Christopher was convicted of mail fraud, in violation of 18 U.S.C. § 1341, and was sentenced to a term of imprisonment of 33 months to be followed by three years of supervised release. First, Christopher argues that there was insufficient evidence to support his conviction on all four counts of the indictment because the government failed to prove that he possessed the specific intent to engage in mail fraud. Second, Christopher argues that he was entitled to a reduction in his offense level for acceptance of responsibility under United States Sentencing Guideline (“U.S.S.G.”) § 3E1.1 (1998), and that he was entitled to a downward departure on various grounds. Finally, Christopher argues that the district court erred in its calculation of the loss attributable to his fraud. For the reasons below, we AFFIRM Christopher’s conviction but VACATE his sentence and REMAND for resentencing consistent with this opinion.

I. BACKGROUND

Christopher owned and operated a used computer equipment business known as Pinnacle Computer Resources (“Pinnacle”). Pinnacle bought and sold computer-[473]*473related equipment, and leased equipment for sublease to third parties. Pinnacle essentially served as a broker for certain types of computer equipment, including IBM “tape back-up” equipment.

During the late 1990s, Christopher leased computer equipment — primarily tape back-up machines — -with the expressed intention of selling it even though he represented to the owners-lessors (the “lessors”) that he would sublease the equipment to third parties. In some cases, Christopher also provided false information to the lessors, such as representing that he had subleased equipment to a specific third party when in actuality he had sold it to someone else. Christopher sold the leased computer equipment even though he did not possess title or authorization to sell it, and he conducted such sales without the knowledge or consent of the lessors.

When the leases ended. Christopher usually had three options: pay fair market value for the equipment, lease the equipment for another term, or return the equipment. At the time the leases were entered, the lessors and Christopher expected the equipment to depreciate rather rapidly in value. The equipment, however, bucked expectations and depreciated in value at an expectedly low rate because of two events: IBM’s successor products to the equipment were not highly regarded in the marketplace and there was a high demand for the equipment due to the ‘Y2K” scare.

As the lease terms ended, Christopher was unable to pay fair market value to buy the equipment from the lessors because of insufficient funds, and he could not return the equipment because he had sold it. As to leases that had not ended, Christopher defaulted on the lease payments under some of the agreements. When the lessors sought to recover their equipment after such defaults, they discovered that it had been sold. Some of the lessors sued Christopher for breach of the lease agreements, as well as other contractual defaults, and obtained default judgments against him.

II. DISCUSSION

A. Specific Intent

On appeal, Christopher argues that the Government failed to establish that he possessed the specific intent to violate 18 U.S.C. § 1341 and thus his conviction is unsupported by the evidence. See United States v. Frost, 125 F.3d 346, 354 (6th Cir.1997) (“A defendant does not commit mail fraud unless he possesses the specific intent to deceive or defraud.”). Christopher argues that, at the time the leases were executed, he did not intend for any of the companies to lose money. Rather, he claims, he expected to buy the equipment at the end of the lease term, at what he and the lessors expected would be a low fair market value. Thus, argues Christopher, he never intended to defraud anyone of property. Christopher does not (and could not) argue, however, that he did not intend to deprive the companies of their legal title to the equipment in the short term. He argues simply that he did not intend for the lessors to lose any property in the long run.

We have previously rejected this type of argument. In United States v. Daniel, 329 F.3d 480 (6th Cir.2003), the defendant “borrowed” money under false pretenses from a company account for which he had investment responsibility — fully intending to pay it back — in order to cover his own personal investments in the short term. Like Christopher, he intended to deprive his victim of its money only in the short term (presumably also without that victim ever knowing it had happened), and, like [474]*474Christopher, he intended to make his victim whole in the end. The Daniel court rejected the defendant’s argument that it should

take the words ‘harm’ and ‘deprive’ in a grand sense.... But neither law nor policy supports this approach, which would have the jury look beyond [defendant’s] bad conduct to his overall motives. It is sufficient that the defendant by material misrepresentations intends the victim to accept a substantial risk that otherwise would not have been taken.... The government had only to establish that Daniel intended to deprive [his victim] of money in the short-term. ...

Id. at 488.

Accordingly, it matters not that Christopher did not intend to deprive the companies of value in the long run: his knowing deprivation of their legal title to such property in the short term clearly satisfies the specific intent requirement for a mail fraud conviction.

B. Acceptance of Responsibility

Christopher argues that the district court erroneously failed to grant him a reduction in his offense level pursuant to U.S.S.G. § 3E1.1 for acceptance of responsibility. The sentencing court’s decision whether to grant a reduction for acceptance of responsibility is “entitled to great deference.” U.S.S.G. § 3E1.1, comment (n.5). It is rare for a defendant to contest the charges at trial and nonetheless receive an acceptance of responsibility reduction at sentencing. Although the reduction may be available to a defendant who admits factual guilt but contests at trial only the constitutionality or applicability of the criminal statute. United States v. Mahan, 190 F.3d 416, 427 (6th Cir.1999), Christopher denied — and still denies — that he possessed the requisite intent to defraud the lessors. Contesting intent — an element of factual guilt for federal mail fraud — is sufficient grounds for denying Christopher a reduction for acceptance of responsibility. Id.

C. Downward Departures

Christopher also argues that the district court erroneously failed to grant downward departures based on: actual losses overstating the seriousness of the crime (U.S.S.G. § 2F1.1. comment (n.ll)); aberrant behavior (U.S.S.G. § 5K2.20);1 victim behavior (U.S.S.G.

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Bluebook (online)
91 F. App'x 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-christopher-ca6-2004.