101969P.pdf   05/23/2011  United States  v.  Michael Fiorito
   U.S. Court of Appeals Case No:  10-1969
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Gruender, Author, with Wollman and Murphy, Circuit Judges]
   Criminal case - Criminal law and sentencing. Assuming without
   deciding that the district court was correct to find insufficient probable
   cause to cover seizure of items unrelated to a particular victim described
   in the warrant application, suppression of the evidence was not warranted
   due to the Leon good-faith exception; warrant was sufficiently
   particularized with respect to the items to be seized; evidence was
   sufficient to support conviction on four particular counts of mail fraud;
   any error in rejecting defendant's proposed instruction on mail fraud was
   harmless as any rational jury would have found his fraudulent scheme
   contemplated the use of the mails; claim of fatal variance between
   indictment and proof rejected; no error in imposing enhancements for
   vulnerable victims, use of sophisticated means and abuse of trust;
   sentence, which was an upward variance from the advisory guidelines
   range, was not unreasonable given defendant's extensive criminal history
   and the need to protect the public from his schemes.