DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151587P.pdf 03/07/2016 United States v. Thomas Whitlow
U.S. Court of Appeals Case No: 15-1587
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Beam, Circuit
Judge]
Criminal case - Criminal law and sentencing. Challenge to the sufficiency
of the wire fraud and conspiracy indictment was properly rejected as it
included all of the elements of the offenses charged; no error in
admitting co-conspirators' statements as there was independent
corroborating evidence of a conspiracy; evidence was sufficient to support
defendant's convictions; the district court enumerated appropriate factors
for its upward variance - defendant's extensive criminal history, the
failure of prior sentences to deter him, his utter disregard for the law
and his history of preying on elderly victims - and the sentence imposed
was not an abuse of the court's discretion.