Case Explained: Non-Argument Calendar UNITED STATES OF AMERICA v. HENRY ABDO

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-08-13 Docket: 9:23-cr-80209-WPD-1 The eleventh-circuit affirmed Henry Abdo’s sentence of 168 months’ imprisonment for two counts of wire fraud. The court held that the district court did not commit plain error in applying a two-level sentencing enhancement under U.S.S.G. § 2B1.1(b)(9)(A) for misrepresenting that he was acting on behalf of charitable organizations. The court applied the plain error standard of review because Abdo failed to raise an objection to the specific guideline application in the district court, despite objecting to the underlying factual allegations. To constitute plain error, an error must be clear under current law. The court determined that no such clear error existed because neither the Supreme Court nor the Eleventh Circuit has resolved whether § 2B1.1(b)(9) applies when a defendant solicits investments in a for-profit company while falsely claiming the funds would benefit charitable causes. The court noted that while the Ninth Circuit interprets the guideline broadly to cover such misrepresentations, other circuits construe it more narrowly, creating a split in authority. Because the legal issue is not settled and circuits are divided, any potential error was not “plain or obvious.” As a result of this decision, Abdo’s 168-month sentence stands, and he remains imprisoned for his wire fraud convictions. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.