United States v. Mark Roy Anderson

Mark Roy Anderson, who pleaded guilty to two counts of a thirty-count indictment for mail fraud in violation of 18 U.S.C. § 1341 , appeals his conviction and sentence on the grounds that the district court coerced Anderson into pleading guilty and impermis-sibly participated in the plea bargaining process, improperly reserved judgment on Anderson’s motion regarding a state grant of immunity until after trial, erred in considering all of the fraudulent activities alleged in the indictment in sentencing Anderson, and ordered restitution in excess of that permitted by law. Because the trial judge improperly influenced the plea negotiation process, we vacate Anderson’s conviction.

FACTS AND PROCEDURAL HISTORY

In the mid-1980’s, Anderson, acting through certain companies that he controlled, established and promoted a series of limited partnerships for the ostensible purpose of buying and restoring historic buildings. According to the indictment, very little of the $6.8 million raised by Anderson in connection with these projects was actually used to purchase or refurbish the properties in question. Instead, it is alleged, Anderson illicitly withdrew investors’ funds froni escrow…