USA v. Carl Delmas Fuller

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-11396
Non-Argument Calendar
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D.C. Docket No. 2:11-cr-14037-DLG-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,
versus
CARL DELMAS FULLER,
a.k.a. Dale Fuller,
llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(December 6, 2012)
Before WILSON, PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
Carl Fuller appeals his sentence of 60 months of imprisonment following his
plea of guilty to mail fraud. 18 U.S.C. § 1341. Fuller challenges the enhancement
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of his sentence for using sophisticated means and the reasonableness of his
sentence. We affirm.
The district court did not clearly err by enhancing Fuller’s sentence for using
sophisticated means to conceal his fraud. The Sentencing Guidelines provide for a
two-level enhancement if the offense in question “involved sophisticated means,”
which the commentary defines as “especially intricate offense conduct pertaining
to the execution or concealment of the offense” and concealing wrongdoing
through “fictitious entities [and] corporate shells.” United States Sentencing
Guidelines Manual § 2B1.1(b)(10)(C) & cmt. n.8(B) (Nov. 2011). Fuller used a
shell corporation and a fake identity to collect almost $3 million in premiums
ostensibly to provide worker’s compensation insurance for employees of National
Employer Services. After Fuller deposited the premium payments into a company
bank account, he funneled most of the money into accounts that he, his wife, or a
friend controlled. To conceal his fraud, Fuller issued to National Employer
Services certificates purporting to be proof of insurance and paid $437,852 in
worker’s compensation claims.
The district court also did not abuse its discretion by imposing a sentence
within the advisory guidelines range. Fuller defrauded a corporation, stole millions
of dollars, and deprived employees of insurance coverage required by law to fund a
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luxurious lifestyle for himself. In turn, National Employer Services was forced to
terminate employees and reduce the salaries of its remaining workers. Later,
Fuller made false statements to authorities about his involvement in and income
derived from his fraud. In the light of the seriousness and extent of Fuller’s fraud,
the district court reasonably determined that a sentence of 60 months of
imprisonment would best serve the statutory purposes for sentencing. 18 U.S.C.
§ 3553(a). Fuller’s sentence is reasonable.
We AFFIRM Fuller’s sentence.
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