Hoyt

MEMORANDUM **

Defendant/Appellant Walter Jason Hoyt, III appeals his jury conviction and sentence for 1 count of conspiracy to commit fraud ( 18 U.S.C. § 871 ); 31 counts of mail fraud ( 18 U.S.C. §§ 2 , 1341); 3 counts of bankruptcy fraud ( 18 U.S.C. §§ 2 , 152(1), (2), (3)); and 17 counts of money laundering ( 18 U.S.C. §§ 2 , 1957). Because the parties are familiar with the facts and the procedural history, they are not recited here.

On appeal, Hoyt argues that the District Court erred by: (1) imposing a disparate sentence as compared to his co-defendant, (2) failing to depart downward because of his age and physical condition, (3) denying his motion to suppress, and (4) denying his motion to dismiss the bankruptcy fraud and money laundering charges. This Court has jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

A. Disparate Sentences

Hoyt argues that the District Court abused its discretion by denying his request for a downward departure based on a disparity in sentencing between him and his co-defendant, David Barnes. Hoyt contends that the only difference between them was that he asserted his constitutional right to stand trial, whereas…