United States v. Matthew Mencarelli
This text of United States v. Matthew Mencarelli (United States v. Matthew Mencarelli) 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.
Opinion
NOT RECOMMENDED FOR PUBLICATION File Name: 26a0035n.06
No. 25-1191
UNITED STATES COURT OF APPEALS FILED FOR THE SIXTH CIRCUIT Jan 21, 2026 KELLY L. STEPHENS, Clerk ) UNITED STATES OF AMERICA, ) Plaintiff-Appellee, ) ON APPEAL FROM THE ) UNITED STATES DISTRICT v. ) COURT FOR THE WESTERN ) DISTRICT OF MICHIGAN MATTHEW MENCARELLI, ) Defendant-Appellant. ) OPINION )
Before: KETHLEDGE, BUSH, and NALBANDIAN, Circuit Judges.
KETHLEDGE, Circuit Judge. Matthew Mencarelli pled guilty to wire fraud, and the
district court sentenced him to 97 months’ imprisonment. He now challenges the court’s refusal
to apply an acceptance-of-responsibility reduction to his offense level. We reject his arguments
and affirm.
Mencarelli operated Matthew’s Woodworking LLC, a construction and contracting
business in Kent County, Michigan. The business struggled, and in 2018 Mencarelli began to
solicit investments from friends and acquaintances for projects that did not exist. He typically
claimed that he had contracts with state or local governments relating to the installation of fiber-
optic cable, which required him to maintain a minimum balance in his company’s bank account.
He promised investors returns of 10 to 30 percent on loans with terms of several months to one
year. Mencarelli also assured them that their investments carried no risk because the government
contracts required the funds to remain in his account. No. 25-1191, United States v. Mencarelli
To attract new investors and to placate existing ones, Mencarelli falsified contracts, wire
transfers, bank statements, and other documents. When investors demanded repayment, he offered
a series of excuses, including that their checks were in the mail, or that his bank was experiencing
problems, or that work obligations had delayed payment, or that a family medical emergency had
intervened. In fact, Mencarelli had used investor funds to pay earlier investors, cover personal
expenses—including vehicles and vacations—and build and furnish his home. Between 2018 and
2022, he defrauded 15 investors of approximately $1.6 million.
Several victims reported Mencarelli’s conduct to law enforcement. In February 2024, a
grand jury indicted him on seven counts of wire fraud. Although he initially demanded a trial, he
pled guilty on the day trial was to begin. During the presentence investigation, Mencarelli failed
to provide financial records and, when interviewed, misrepresented some of his conduct.
Meanwhile, he was arrested for domestic violence. Mencarelli thereafter sent the court a written
statement expressing “deep regret” for his actions in the fraudulent scheme.
At sentencing, over Mencarelli’s objection, the district court denied him credit for
acceptance of responsibility. The court then calculated a guidelines range of 78 to 97 months’
imprisonment and imposed a 97-month sentence.
We review the district court’s denial of a reduction for acceptance of responsibility for
clear error. United States v. Merritt, 102 F.4th 375, 381 (6th Cir. 2024).
The sentencing guidelines permit a two-level reduction to a defendant’s base-offense level
if he “clearly demonstrates acceptance of responsibility for his offense.” U.S.S.G. §3E1.1. Courts
may consider, among other things, whether the defendant truthfully admitted the offense or any
additional relevant conduct, and whether he timely manifested acceptance of responsibility. Id.
cmt. n.1. A guilty plea alone does not entitle a defendant to the reduction. Id. cmt. n.3. Where the
-2- No. 25-1191, United States v. Mencarelli
record reflects conduct “inconsistent with the defendant’s specific acknowledgement of
responsibility,” the district court may deny the reduction. United States v. Truman, 304 F.3d 586,
592 (6th Cir. 2002); see also U.S.S.G. §3E1.1 cmt. n.3.
Here, at sentencing, the court found that Mencarelli was not entitled to credit for acceptance
of responsibility for his offense. In support, the court cited Mencarelli’s failure to provide relevant
financial records to his probation officer; and the court observed that Mencarelli’s “back and forth”
with the officer was “very similar to the offense in this case in that, oh, okay, I’ll get that to you,
I’ll get, you know, I’ll get that information. It was always going to come, but it never has.” R. 83,
PageID 482. The court also noted that Mencarelli had minimized his role in the offense—shifting
blame to a deceased third party and even to his victims by suggesting he should have vetted them
more carefully. Id. And the court doubted the sincerity of Mencarelli’s written statement of
remorse, noting that “he’s only doing it at that point to get these points.” Id. at 483. Those were
reasonable grounds to deny the reduction.
Mencarelli contends that the district court impermissibly relied on his intervening arrest
for domestic violence in denying the reduction. But the sentencing transcript makes clear that the
arrest did not materially affect the court’s decision. Id. Thus, any error on this point was harmless.
Finally, Mencarelli contends that stress and a personality disorder explain his lack of
candor with the probation officer. But sociopathy is hardly a reason for a sentencing reduction;
and the record contains no evidence that Mencarelli was diagnosed with a personality disorder. In
any event, the guidelines focus on whether the defendant’s actions objectively demonstrate
acceptance of responsibility. Mencarelli’s conduct gave the district court reason to conclude he
did not.
The district court’s judgment is affirmed.
-3-
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