United States v. McCaskill

Luther McCaskill (defendant) ran a sham insurance company used to defraud a client seeking financing for a grain mill, splitting a $35,000 binder payment among himself and three co-defendants without ever obtaining the promised financing; McCaskill went to trial alone, representing himself, and was convicted of conspiracy, wire fraud, and possession of forged securities. His presentence report, which detailed his refusal to be interviewed and his history of similar schemes netting nearly $5.5 million, supported a guideline range of 188 to 235 months, and McCaskill was sentenced to 188 months; he appealed, arguing he was not given the report in advance, that considering hearsay at sentencing violated Crawford v. Washington, that the court failed to explain a four-level role enhancement under Rule 32, and that guideline-enhancing facts had to be charged in the indictment and proved to a jury.