United States v. Robert Russell Passmore, Also Known as Clifford Parkinson, Also Known as Mark Nash

984 F.2d 933, 1993 U.S. App. LEXIS 1264, 1993 WL 15220
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 28, 1993
Docket92-2448
StatusPublished
Cited by28 cases

This text of 984 F.2d 933 (United States v. Robert Russell Passmore, Also Known as Clifford Parkinson, Also Known as Mark Nash) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Robert Russell Passmore, Also Known as Clifford Parkinson, Also Known as Mark Nash, 984 F.2d 933, 1993 U.S. App. LEXIS 1264, 1993 WL 15220 (8th Cir. 1993).

Opinions

FRIEDMAN, Senior Circuit Judge.

The only questions in this appeal are whether the district court improperly (1) departed upwardly from the Federal Sentencing Guidelines because of (a) the defendant’s illicit and pernicious relationship with a young girl and (b) the pervasiveness of the defendant’s criminal conduct and (2) refused a downward adjustment under the Guidelines based on the defendant’s alleged acceptance of responsibility. We affirm.

I.

A. 1. The background facts as set forth in the presentence report, to which neither the defendant nor the government objected, are as follows:

In 1987, the appellant Passmore, then thirty-two years old, met and became involved with an eleven-year-old girl, P. They lived together for almost a year, regularly having sex. After separating for a time, they resumed their relationship and traveled together to various places in the United States. P had a child by Passmore at the age of fifteen.

To support themselves, they operated at least four fraudulent schemes to obtain money by inducing people to call toll free 800 telephone numbers and send them money for nonexistent merchandise. They operated the first three of these schemes in Colorado, Arkansas and Wyoming. In operating these schemes, Passmore had P answer the telephone as the person operating the business. He also had her open checking accounts in fictitious names and they wrote a number of bad checks.

The fourth scheme, which resulted in Passmore’s conviction, occurred in South Dakota. They placed ads in newspapers in Washington, D.C., Dallas and Seattle, offering to sell tickets to professional football games. Callers to the 800 number were told that there were four tickets for a forthcoming game, which would be sold to the first person to submit payment of fifty dollars per ticket by certified check or money order. Forty-seven persons called the 800 number and ordered tickets, totalling $7710. Passmore and P received $3630 from the sale of these fictitious tickets.

2. Passmore was indicted at the United States District Court for the District of South Dakota on fourteen counts of mail and wire fraud, in violation of 18 U.S.C. §§ 1341 and 1343 (1988). Pursuant to a [935]*935plea agreement, Passmore pleaded guilty to one count of mail fraud. The district court

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Bluebook (online)
984 F.2d 933, 1993 U.S. App. LEXIS 1264, 1993 WL 15220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robert-russell-passmore-also-known-as-clifford-parkinson-ca8-1993.