January 23rd, 2021

United States v. Warren

Docket: 19-10805
Opinion Date: January 22, 2021
Judge: Don R. Willett
Areas of Law: Criminal Law

The Fifth Circuit affirmed Defendant Martinez and Warren's convictions and sentences for multiple federal charges for their roles in a telemarketing timeshare-exit scam that bilked millions from owners eager to escape timeshares they could no longer afford. The court held that the evidence was sufficient to support Martinez's convictions for conspiracy (Count One), mail fraud (Counts Two through Six), and wire fraud (Counts Seven and Eight); the district court did not err or abuse its discretion by permitting the timeshare owners to testify about their conversations with telemarketers; the district court did not err by imposing consecutive six-month sentences under 18 U.S.C. 2326(1); the district court did not clearly err in determining that Warren was a "manager or supervisor" and applying a three-level increase to his offense level under USSG 3B1.1(b); and Martinez's contention that the district court's restitution order violated his Sixth Amendment right to a jury trial is foreclosed by circuit precedent.

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