United States v. Frank Hightower

MEMORANDUM

Frank Hightower was convicted of conspiracy, mail fraud, and wire fraud in connection with a “back door” advertising scheme, and was sentenced to 51 months’ imprisonment. At sentencing, the district court imposed a 16-level upward adjustment because the total amount of loss attributed to the entire company was over $1 million, and a 6-level upward adjustment because the total number of victims was over 250. Hightower appeals, arguing that he should be held liable only for losses and victims that he dealt with directly. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Hightower argues that the district court erred in attributing to him the losses and victims of the entire conspiracy, rather than only those for which he was personally responsible. Specifically, Hightower argues that the district court overstated the scope of his agreement to work with RAB Publications, Inc. (“RAB”).

The United States Sentencing Guidelines (“U.S.S.G.”) provide that, in the case of jointly undertaken criminal activity, a defendant is accountable for “all reasonably foreseeable acts and omissions of others in furtherance of the jointly undertaken criminal activity.” U.S.S.G. §…