United States of America, Plaintiff-Appellee-Cross-Appellant v. Curtis R. Martin, Jr., Defendant-Appellant-Cross-Appellee

Defendant Curtis R. Martin, Jr., entered a conditional guilty plea to one count each of mail fraud, 18 U.S.C. § 1341 ; wire fraud, 18 U.S.C. § 1343 ; interstate transportation of stolen property, 18 U.S.C. § 2314 ; and money laundering, 18 U.S.C. § 1957 . In his plea agreement, Defendant reserved the right to appeal his sentence and the denial of his motion to suppress.

Defendant had moved to suppress all the government’s evidence, arguing that it was obtained “in violation of his right to privacy in his relationship with his attorney.” On appeal from the denial of that motion, he makes the same assertion.

Defendant also challenges his sentence, arguing that (1) the district court improperly grouped his mail fraud and money laundering counts separately; (2) the court abused its discretion by departing upward one criminal history category and two guideline levels; (3) Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), applies to his case; (4) the district court judge should have re-cused himself because of comments that the judge made during the sentencing hearing; and (5) the district court erred in ordering that restitution was payable…