U.S. v. Vargas, No. 93-50236 (9th Cir.) (67 F.3d 823) (October 3, 1995) (Judge J. Clifford Wallace)
Over a strong dissent by Judge Reinhardt (who objects to the "misguided sentencing procedure" that now prevails), the 9th Circuit approved a linear departure of one offense level for every $5 million of losses caused by the defendant, where the loss table ended at $5 million. Judge Reinhardt observed that …
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