United States v. AGBI
1:19-cr-00280
S.D. Ind.Sep 4, 2024Background
- Edwin Agbi was convicted of mail fraud, using a fictitious name in furtherance of mail fraud, conspiracy to commit mail fraud, and conspiracy to commit money laundering for his role in a romance scam.
- The victim, E.M., lost most of his 401(k)—about $400,000—through the scam, sending $50,000 directly to Agbi.
- Agbi was sentenced to 57 months' imprisonment; his conviction and sentence were affirmed on appeal.
- Agbi moved to reduce his sentence based on Amendment 821 to the Sentencing Guidelines, arguing he qualified for a two-level reduction as a "zero-point offender."
- The main dispute was whether Agbi "personally caused substantial financial hardship" to the victim, making him ineligible for the reduction.
- The court found Agbi eligible for the reduction but denied the sentence reduction after considering the 18 U.S.C. § 3553(a) factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility under Amendment 821 as a zero-point offender | Agbi caused substantial financial hardship, so not eligible | Agbi did not personally cause the hardship | Agbi eligible for reduction |
| Whether § 3553(a) factors justify sentence reduction | No change in factors; sentence remains appropriate | Reduction warranted due to guideline change | No reduction: factors do not support reduction |
| Burden of proof for eligibility under Amendment 821 | Defendant must show eligibility | Government must show ineligibility | Defendant bears burden of proof |
| Appropriate interpretation of “personally cause” | Agbi's actions contributed to hardship | E.M.'s loss would have happened regardless | Agbi did not personally cause the hardship |
Key Cases Cited
- United States v. Hall, 600 F.3d 872 (7th Cir. 2010) (Court may make new, consistent factual findings in sentence reduction motions)
- United States v. Whiting, 471 F.3d 792 (7th Cir. 2006) (Proximate and but-for causation required to prove causation in criminal liability)
- Dillon v. United States, 560 U.S. 817 (2010) (Clarifies standard for sentence modification under § 3582(c)(2))
- United States v. Newton, 996 F.3d 485 (7th Cir. 2021) (Defendant bears burden in compassionate release motions)
- United States v. Jones, 55 F.3d 289 (7th Cir. 1995) (Defendant carries burden for guideline reductions)