191263P.pdf   08/13/2020  United States  v.  Scott Flynn
   U.S. Court of Appeals Case No:  19-1263
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Kobes, Author, with Gruender and Wollman, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Defendant failed to establish 
   a fair and just reason to withdraw his guilty pleas as the record showed 
   defendant understood the nature of the charges in this complex conspiracy 
   and fraud case; further, the guilty plea had a factual basis supporting 
   both of the convictions; the government did not breach the agreement at 
   sentencing by not recommending the two-level reduction for acceptance of 
   responsibility as defendant's denial of nearly every fact previously 
   admitted was not consistent with his acceptance of responsibility; 18 
   U.S.C. Sec. 371 is not void for vagueness; the district court did not 
   abuse its discretion by denying defendant's motion to continue his 
   sentencing or to bifurcate the sentencing and restitution proceedings; 
   defendant was not entitled to a jury trial on the issue of restitution as 
   imposition of restitution does not implicate a defendant's Sixth Amendment 
   rights; the government met its burden to establish the amount of 
   restitution by a preponderance of the evidence; argument the court erred 
   in imposing a four-level enhancement under Guidelines Sec. 3B1.1 for role 
   in the offense rejected.