United States v. Nickens

Type

Opinion of the Court

Author

Dolores Korman Sloviter

Filed

April 12, 2002

Case

United States v. Nickens

Case status

Decided

The first passage of the document, as extracted by the source provider.

OPINION OF THE COURT SLOVITER, Circuit Judge. Appellant Frank Richard Nickens was charged in a sixty-seven count indictment with wire fraud involving the use of the Internet in violation of 18 U.S.C. §§ 2 , 1343. Nickens pled guilty pursuant to a plea agreement and now challenges a two level increase in his guideline computation based on the determination that the offense was committed through “mass-marketing,” as set forth in U.S.S.G. § 2F1.1(b)(3). Following the recommendation of the presentence report, the District Court applied a two level increase, determining that the offense was committed through “mass-marketing” pursuant to U.S.S.G. § 2F1.1(b)(3). The commentary defines “mass-marketing” as follows: a plan, program, promotion, or campaign that is conducted through solicitation by telephone, mail, the Internet, or other means to induce a large number of persons to (A) purchase goods or services;.... The enhancement would apply, for example, if the defendant conducted or participated in a telemarketing campaign that solicited a large number of individuals to purchase fraudulent life insurance policies. U.S.S.G. § 2F1.1, cmt. n. 3 (2000). According to the presentence report, wh…

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