United States v. Alexander Leszczynski
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 10, 2026
Docket25-13074
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-13074
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALEXANDER LESZCZYNSKI,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:22-cr-00155-MSS-SPF-1
____________________
Before JORDAN, BRANCH, and KIDD, Circuit Judges.
PER CURIAM:
Alexander Leszczynski appeals his below-guidelines
sentence of 168 months’ imprisonment for wire and bank fraud.
He argues that the district court clearly erred in denying him a
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2 Opinion of the Court 25-13074
two-point acceptance of reasonability reduction, and that his
sentence is substantively unreasonable. After review, we affirm.
I. Background
Leszczynski was charged with eight counts related to wire
and bank fraud and illegal monetary transactions. Part of his fraud
scheme involved submitting fraudulent Payment Protection
Program (“PPP”) loans during the COVID-19 pandemic and “filing
a fraudulent warranty deed purporting to transfer property owned
by two homeowners to a fictitious corporation he controlled.”
United States v. Leszczynski, No. 24-14067, 2025 WL 2826935, at *1
(11th Cir. 2025) (unpublished). While awaiting trial in the fraud
case, Leszczynski attempted to hire a hitman, who happened to be
an undercover agent, to kill those homeowners. Id. As a result of
his actions, Lesczynski was also charged in a separate case with
attempted murder-for-hire and obstruction of justice. Id.
In the fraud case, Leszczynski initially entered a written plea
agreement in which he agreed to plead guilty to two counts of wire
fraud and one count of bank fraud in exchange for the government
dropping the remaining fraud charges.1 United States v. Leszczynski,
No. 23-13335, 2024 WL 3103305, at *2 (11th Cir. 2024)
(unpublished). However, after entering a plea before the
1 At this same hearing, Leszczynski also entered an open plea of guilty to the
attempted murder-for-hire and obstruction of justice charges. Leszczynski,
2024 WL 3103305, at *2 n.1. He was ultimately sentenced to 200 months’ in
the murder-for-hire case. United States v. Leszczynski, No. 24-14067, 2025 WL
2826935, at *2 (11th Cir. 2025) (unpublished).
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magistrate judge but before the district court had accepted his plea,
Leszczynski filed a motion to withdraw his guilty plea, asserting
that another person “was responsible for all the alleged fraud” and
that he had been coerced and manipulated into taking a plea. Id.
A few days later, he filed a motion to clarify, stating that he wanted
to maintain his plea. Id. At a hearing on the motion, Leszczynski
stated that “he wasn’t sure” what he wanted to do about his plea
while simultaneously stating that “he wanted to pursue a not guilty
by reason of insanity defense.” Id. at *3. The district court
determined that there was no legal or medical basis for withdrawal
of the plea and it adopted the magistrate judge’s report and
recommendation thereby accepting the plea. Id. It then sentenced
Leszczynski to 210 months’ imprisonment. Id. Leszczynski
appealed the denial of his motion to withdraw his plea, and we
vacated the district court’s decision, concluding that “Leszczynski
had the right to withdraw his plea ‘for any reason or no reason’
prior to the district court accepting the plea” under Federal Rule of
Criminal Procedure 11(d)(1). Id.
On remand, Leszczynski then entered an open plea of guilty
to all eight fraud-related counts. Prior to sentencing, the United
States Probation Office prepared a presentence investigation report
(“PSI”). In calculating the guidelines range, the probation officer
included a two-level enhancement for obstruction of justice based
on Leszczynski’s prior attempts to have someone else confess.
Additionally, the probation officer indicated that Leszczynski was
not eligible for an acceptance of responsibility reduction because of
his prior attempts to withdraw his initial plea claiming he was
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innocent and his efforts to persuade others to confess to his crimes.
The PSI also noted that, after learning that the government had
seized funds in one of his accounts, Leszczynski attempted to have
the funds released by submitting a forged Presidential Pardon to
the company. Based on a total offense level of 36 and criminal
history category of II, the guidelines range was 210 to 262 months’
imprisonment. 2
Concerning Leszczynski’s personal history, the PSI
indicated that Leszczynski was physically and sexually abused by
his father as a child, and that he was sexually abused at the age of
17 by a male couple for whom he did lawn work. He never
reported any of the abuse. In 2018, Leszczynski was Baker Acted
(i.e., he was placed on an involuntary psychiatric hold in Florida)
for three days after law enforcement responded to an argument he
was having with a woman, and law enforcement questioned him
as to whether he was suicidal. He was also placed on suicide watch
while in jail after he ingested a razor blade. 3
In his sentencing memorandum, Leszczynski objected to the
guidelines calculation, arguing that he should have received a two-
level reduction for acceptance of responsibility because after the
2 Counts One, Two, and Three (Wire Fraud) carried a statutory maximum of
20 years’ each. Counts Four and Five (Bank Fraud) carried a statutory
maximum of 30 years’ each. And Counts Six, Seven, and Eight (Illegal
monetary transactions) carried a statutory maximum of 10 years’ each.
3 He claimed he ingested the razor blade by accident and that another inmate
had put the blade in his food.
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remand of his case, he pleaded guilty to all eight counts and had
engaged in rehabilitative efforts by taking several educational
courses in prison and attending church. He maintained that the 18
U.S.C. § 3553(a) factors supported a downward variance sentence
of 87 months’ imprisonment to run concurrently to his sentence in
the murder-for-hire case. In support of his requested sentence, he
pointed out that (1) his guidelines range was inflated in “large part
by the intended loss amount,” which was significantly higher than
the actual loss amount because he had not spent any of the money
from the fraud scheme; (2) he had been a model inmate over the
last two years; and (3) his personal history and mental health issues
related to the sexual abuse he suffered as a teen.
The government in turn argued for a guideline 262-month
sentence to run consecutively to Leszczynski’s sentence in his
murder-for-hire case. The government maintained that a sentence
at the top of the guidelines range was appropriate based on
Lesczynski’s conduct, including that (1) he had sent letters
threatening the victims of his warranty deed scheme; (2) he had
submitted a forged presidential pardon in an attempt to resecure
seized funds; and (3) his offenses caused not only financial harm but
also emotional trauma for the homeowner victims that he tried to
have killed.
At sentencing, Leszczynski argued that the only basis for
denying an acceptance of responsibility reduction was based on his
pre-remand conduct, but he maintained that the appropriate focus
should be on his more recent post-remand conduct which
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demonstrated “nothing but acceptance of responsibility.” The
government argued that his more recent positive conduct did not
outweigh his prior actions which undermined any contention that
he accepted responsibility. Further, the government maintained
that Leszczynski still did not really accept responsibility as
evidenced by recent letters he sent to his mother and friends asking
for assistance in “trying to obtain his previously forged fake
pardon” and to “find out if it’s legal to pay off the President.”
Finally, the government noted that generally where, as here, the
defendant received an enhancement for obstruction of justice, an
acceptance of responsibility reduction is not appropriate.
The district court inquired as to whether Leszczynski had
any recent disciplinary history, and the government asserted that
there was a battery incident in 2024 where Leszczynski and another
inmate “threw water at each other” and a second incident where
Leszczynski had to be moved because Leszczynski was threatening
another inmate’s girlfriend. 4
Leszczynski argued that the letters to his mother were “not
serious requests at seeking a pardon,” and even if they were,
“attempting to seek a Presidential pardon ha[d] nothing to do with
acceptance of responsibility.” As for his statement about paying off
4 The government did not know how Leszczynski threatened her, but
“assume[d] it was verbal.” Leszczynski’s counsel maintained that he denied
threatening anyone.
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the president, he also wrote “LOL” after it which indicated that he
was not serious.
The district court noted that the letters certainly
undermined any acceptance of responsibility argument. However,
the court concluded that, even without the letters, Leszczynski had
not accepted responsibility as evidenced by his efforts to have the
homeowner victims murdered “and all the other conduct that led
to his other conviction associated with the circumstances of this
case.” Accordingly, the district court adopted the guidelines
calculation in the PSI, concluding that Leszczynski’s advisory
guidelines range was 210 to 262 months’ imprisonment.
Lesczynski then reiterated his arguments from his
sentencing memorandum as to why a downward variance was
appropriate. Leszcynski then made a statement to the court,
apologizing for his behavior and requesting mental health
treatment so that he could become a productive member of
society. The government asserted that a consecutive 262-month
sentence was appropriate to address the financial harm plus the
harm to the homeowner victims whom he tried to have killed.
The district court varied downward and imposed a total
sentence of 168 months’ to run consecutively to the murder-for-
hire sentence, to be followed by five years’ supervised release. The
district court explained that in determining the sentence it had
considered the parties’ arguments, all the parties’ submissions, and
the § 3553(a) factors. It further explained that it granted a variance
to account for the inflation of the guidelines range based on the
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intended loss as opposed to actual loss and to account for
Leszczynski’s personal history, “including his unstable upbringing,
his past childhood trauma, and his untreated mental health issues.”
This appeal followed.
II. Discussion
Leszczynski argues that the district court clearly erred in
concluding that he was ineligible for an acceptance of responsibility
reduction and that his sentence is substantively unreasonable. We
address each argument in turn.
A. Acceptance of Responsibility
Focusing solely on his post-remand conduct, Leszczynski
argues that the district court clearly erred in concluding that he had
not demonstrated acceptance of responsibility.
A defendant is entitled to a two-point reduction of his
offense level if he clearly demonstrates acceptance of responsibility
for his offense. U.S.S.G. § 3E1.1(a). Importantly, “[a] defendant
who enters a guilty plea is not entitled to an adjustment [for
acceptance of responsibility] as a matter of right.” Id. § 3E1.1 cmt.
(n.3). Rather, to determine whether the reduction applies, the
district court must consider, among other factors, the timeliness of
the defendant’s acceptance of responsibility and whether he
truthfully admitted that he engaged in the conduct comprising the
offenses of conviction and “any additional relevant conduct for
which he is accountable under § 1B1.3.” Id. § 3E1.1 cmt. (n.1(A),
(H)); see also United States v. Moriarty, 429 F.3d 1012, 1022–23 (11th
Cir. 2005) (“Although a guilty plea can constitute significant
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evidence of acceptance of responsibility, it may be outweighed by
conduct of the defendant inconsistent with an acceptance of
responsibility.”).
“We review the factual findings upon which the denial of
the acceptance reduction is based for clear error.” United States v.
Roosevelt Coats, 8 F.4th 1228, 1262 (11th Cir. 2021). “[T]he
determination of whether a defendant has adequately manifested
acceptance of responsibility is a flexible, fact sensitive inquiry” to
which we give “great deference.” Id. (quotations omitted). “Thus,
we will not set aside a district court’s determination that a
defendant is not entitled to a § 3E1.1 adjustment unless the facts in
the record clearly establish that the defendant has accepted
responsibility.” Moriarty, 429 F.3d at 1022–23. Generally, “[a]n
adjustment . . . for acceptance of responsibility is not warranted
when a defendant’s conduct results in an enhancement for
obstruction of justice.” United States v. Singh, 291 F.3d 756, 765
(11th Cir. 2002) (quotations omitted).
Here, the district court did not clearly err in determining
that Leszczynski had not clearly demonstrated acceptance of
responsibility. Although Leszczynski pleaded guilty to all eight
fraud counts on remand, his prior conduct was clearly inconsistent
with acceptance of responsibility. He filed a motion to withdraw
his initial plea maintaining that someone else was responsible for
the offenses, and he made multiple attempts to persuade others to
confess to his offenses. He also attempted to hire someone to
murder the homeowner victims who were set to be witnesses
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against him. While he argues that the district court should have
focused more on his positive post-remand conduct, the district
court was well within its authority to consider the totality of the
circumstances in determining whether his overall conduct was
inconsistent with an acceptance of responsibility. 5 Moriarty, 429
F.3d at 1022–23. Furthermore, Leszczynski also received an
obstruction of justice enhancement, which he did not challenge.
This enhancement supports the conclusion that an acceptance of
responsibility reduction was not warranted. Singh, 291 F.3d at 765.
In light of the record before us, we cannot say that “the record
clearly establish[es] that [Leszcynski] has accepted responsibility.”
Moriarty, 429 F.3d at 1022–23. Accordingly, he is not entitled to
relief.
B. Substantive Reasonableness
Leszczynski argues that his sentence is substantively
unreasonable because the district court failed to give appropriate
weight and consideration to his untreated mental health issues, the
sexual abuse he suffered in childhood, that he spent almost none of
the fraudulent proceeds, and that the intended loss amount over
inflated the guidelines range.
5 Leszczynski takes issue with the district court’s reliance on the letters that he
sent to his mother and friend which purportedly undermined any allegation
that he had accepted responsibility. However, we need not address the letters
because the district court concluded that, even without the letters, an
acceptance of responsibility reduction was not warranted based on the totality
of the circumstances and Leszczynski’s prior conduct. As we explain above,
this determination was not clearly erroneous.
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We review the reasonableness of a sentence under a
deferential abuse of discretion standard, asking whether the
sentence is substantively reasonable in light of the totality of the
circumstances. Gall v. United States, 552 U.S. 38, 51 (2007). The
district court must issue a sentence that is “sufficient, but not
greater than necessary” to comply with the purposes of
§ 3553(a)(2), which include the need for a sentence to reflect the
seriousness of the offense, promote respect for the law, provide just
punishment, deter criminal conduct, and protect the public from
future criminal conduct. 18 U.S.C. § 3553(a)(2). The court must
also consider the “nature and circumstances of the offense and the
history and characteristics of the defendant,” and “the need to
avoid unwarranted sentence disparities among defendants with
similar records who have been found guilty of similar conduct.” Id.
§ 3553(a)(1), (6).
Importantly, the weight given to a particular § 3353(a) factor
“is committed to the sound discretion of the district court,” and it
is not required to give “equal weight” to the § 3553(a) factors.
United States v. Rosales-Bruno, 789 F.3d 1249, 1254 (11th Cir. 2015)
(quotation omitted). “We will not second guess the weight given
to a § 3553(a) factor so long as the sentence is reasonable under the
circumstances.” United States v. Butler, 39 F.4th 1349, 1355 (11th
Cir. 2022).
A district court “imposes a substantively unreasonable
sentence only when it (1) fails to afford consideration to relevant
factors that were due significant weight, (2) gives significant weight
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to an improper or irrelevant factor, or (3) commits a clear error of
judgment in considering the proper factors.” Rosales-Bruno, 789
F.3d at 1256 (quotations omitted). “Because that rarely happens, it
is only the rare sentence that will be substantively unreasonable.”
Id. (quotations omitted). And it is even rarer for a downward
variance sentence to be vacated on substantive reasonableness
grounds. Id. at 1270.
The burden rests on the party challenging the sentence to
show “that the sentence is unreasonable in light of the entire
record, the § 3553(a) factors, and the substantial deference afforded
sentencing courts.” Id. We will “vacate the sentence if, but only
if, we ‘are left with the definite and firm conviction that the district
court committed a clear error of judgment in weighing the
§ 3553(a) factors by arriving at a sentence that lies outside the range
of reasonable sentences dictated by the facts of the case.’” United
States v. Irey, 612 F.3d 1160, 1190 (11th Cir. 2010) (en banc) (quoting
United States v. Pugh, 515 F.3d 1179, 1191 (11th Cir. 2008)).
Here, Leszczynski’s argument that the district court failed to
consider and give appropriate weight to his untreated mental
health issues, the sexual abuse he suffered in childhood, that he
spent almost none of the fraudulent proceeds, and that the
intended loss amount over inflated the guidelines range is belied by
the record. The district court expressly stated that it varied
downward from the advisory guidelines range based on these
considerations. Although Leszczynski quarrels with how the
district court weighed these factors and believes that the court
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should have varied downward more because of them, the weight
given to any § 3553(a) factor is a matter committed to the sound
discretion of the district court. Rosales-Bruno, 789 F.3d at 1254.
Leszczynski has not shown that the district court weighed the
sentencing factors unreasonably, “and we will not substitute our
judgment” for that of the district court. Butler, 39 F.4th at 1356
(quotation omitted).
Moreover, Leszczynski’s below guidelines 168-month
sentence is well below the possible statutory maximum, which is
another indicator of reasonableness. See United States v. Gonzalez,
550 F.3d 1319, 1324 (11th Cir. 2008) (explaining that a sentence that
is below the statutory maximum is another indicator of
reasonableness). Accordingly, we conclude that his sentence is
substantively reasonable.
AFFIRMED.