Winters

MEMORANDUM **

Richard Keith Winters and Glenn Tot-ten both appeal their below-guidelines sentences for mail fraud and wire fraud. Winters contends that sentencing reductions given to his codefendants in exchange for their guilty pleas impermissibly penalize his decision to go to trial, thereby violating his rights to due process and equal protection. Totten argues that the sentencing reductions given to these eode *783 fendants create “unwarranted sentence disparities” under 18 U.S.C. § 3553 (a)(6). He also argues that his sentence is excessive in light of the sentencing factors set forth in 18 U.S.C. § 3553 (a). Finally, Tot-ten argues that the district court erred in ordering him jointly and severally liable for restitution to a credit card processor that suffered losses as a result of his fraud. We disagree with each of these arguments and affirm the district court.

It is well-established that plea bargaining does not impermissibly burden trial rights. Bordenkircher v. Hayes, 434 U.S. 357 , 98 S.Ct. 663 , 54 L.Ed.2d 604 (1978). A necessary corollary of plea bargaining is that defendants who go to trial may receive greater sentences than similarly situated defendants who do…