United States v. John Stephen Wilson

John Stephen Wilson appeals his sentence for mail fraud. He challenges the Sentencing Guidelines, claiming they violate his due process rights by requiring the district court to make findings without considering the reliability of the underlying facts and without requiring that those facts meet any articulated standard of proof. We find that the Guidelines do not violate due process on these grounds. Wilson also challenges his sentence under the Guidelines, claiming that the district court, in applying § 2F1.1, incorrectly computed the value of the loss to the company Wilson attempted to defraud. We disagree and affirm the district court’s decision.

FACTS AND PROCEDURAL HISTORY

Wilson was employed as a research associate with Amgen, Inc., a biotechnology and pharmaceutical firm. As a condition of employment, Wilson agreed to keep the company’s research and discoveries confidential. Wilson nevertheless photocopied documents containing Amgen’s financial information and research data on its process for producing erythropoietin, a human hormone that stimulates the production of red blood cells. On June 22, 1988, Wilson mailed a letter to Genetics Institute, Am-gen’s chief…