Kenna

Facts

Moshe and Zvi Leichner, father and son, swindled scores of victims out of almost $100 million. While purporting to make investments in foreign currency, they spent or con- cealed the funds entrusted to them. Each defendant pleaded guilty to two counts of wire fraud and one count of money laundering. More than sixty of the Leichners’ victims submit- ted written victim impact statements. At Moshe’s sentencing, several, including petitioner W. Patrick Kenna, spoke about the effects of the Leichners’ crimes—retirement savings lost, businesses bankrupted and lives ruined. The district court sen- tenced Moshe to 240 months in prison.

Three months later, at Zvi’s sentencing, the district court heard from the prosecutor and the defendant, as required by Federal Rule of Criminal Procedure 32(i)(4). But the court denied the victims the opportunity to speak. It explained:

I listened to the victims the last time. I can say for the record I’ve rereviewed all the investor victim statements. I have listened at Mr. Leichner’s father’s sentencing to the victims and, quite frankly, I don’t think there’s anything that any victim could say that would have any impact whatsoever. I—what can…