United States v. John Bezeredi

MEMORANDUM

John Raymond Bezeredi appeals his within-guidelines sentence, following his plea of guilty to mail fraud and telemarketing fraud against the elderly.

Bezeredi, a Canadian citizen, agreed to extradition, and was ultimately sentenced to 109 months of imprisonment, followed by three years of supervised release, and ordered to pay a special assessment and restitution. He now raises a number of procedural challenges to his sentence. We review sentencing decisions for abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). We have jurisdiction under 28 U.S.C. § 1291 .

Bezeredi first argues the district court erred in considering five victim impact statements at sentencing. “Victim impact statements are admissible at sentencing unless their admission would be so unduly prejudicial that it renders the sentence fundamentally unfair.” Beaty v. Stewart, 303 F.3d 975, 985 (9th Cir.2002) (internal quotation marks omitted). These impact statements are not unduly prejudicial. Bezeredi concedes that he did not raise in district court his contention that the letters only indicated that the victims sent small amounts of money to him, and the one letter…