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U.S. v. Spencer, No. 11-3463 (8th Cir.) (700 F.3d 317) (November 7, 2012) (Judge Steven M. Colloton)

Article • November 12, 2012 • from P&J November, 2012

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Spencer, No. 11-3463 (8th Cir.) (700 F.3d 317) (November 7, 2012) (Judge Steven M. Colloton) by This case is noted for Judge Bright’s important dissent in which he sharply criticized the calculation of loss under the fraud Guidelines, charging that they produce “astronomical sentences” that have “little connection …

U.S. v. Turk, No. 09-5091-cr (2nd Cir.) (626 F.3d 743) (November 30, 2010) (Judge Peter W. Hall)

Article • December 1, 2010

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Turk, No. 09-5091-cr (2nd Cir.) (626 F.3d 743) (November 30, 2010) (Judge Peter W. Hall) by Defendant's sentence for conspiracy to commit mail and wire fraud is affirmed where the district court properly calculated the loss caused by the defendant's fraud and imposed a reasonable sentence. [Editor's Note: …

U.S. v. Emmenegger, No. 04 Cr. 334 (GEL) (S.D.N.Y.) (329 F.Supp.2d 416) (August 4, 2004) (Judge Gerard E. Lynch)

Article • December 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Emmenegger, No. 04 Cr. 334 (GEL) (S.D.N.Y.) (329 F.Supp.2d 416) (August 4, 2004) (Judge Gerard E. Lynch) by Defendant, an employee of a registered securities broker-dealer, pled guilty to five-counts of securities and wire fraud. The government recommended a prison sentence at the bottom of the range of …

U.S. v. Rhodes, No. 02-2218 (7th Cir.) (330 F.3d 949) (June 2, 2003) (Judge John L. Coffey)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Rhodes, No. 02-2218 (7th Cir.) (330 F.3d 949) (June 2, 2003) (Judge John L. Coffey) by In this case, following the entry of the defendant's guilty plea to mail fraud, the District Court ordered that defendant make restitution in the amount of $ 1,104,557 due and payable immediately …

U.S. v. Parker, No. 00-00160-01 (W.D.Mo.) (238 F.Supp.2d 1113) (December 30, 2002) (Judge Howard F. Sachs)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Parker, No. 00-00160-01 (W.D.Mo.) (238 F.Supp.2d 1113) (December 30, 2002) (Judge Howard F. Sachs) by Here the Court held that a probation department loss calculation made by a competent layman with some "street smarts" about economic issues was not usable for sentencing purposes in this mail fraud case …

U.S. v. Manoocher Nosrati-Shamloo, No. 99-10197 (11th Cir.) (255 F.3d 1290) (July 3, 2001) (Per Curiam)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Manoocher Nosrati-Shamloo, No. 99-10197 (11th Cir.) (255 F.3d 1290) (July 3, 2001) (Per Curiam) by The sole issue in this appeal was whether the sentencing court had erred in fixing the amount of intended loss from the theft of credit card applications out of the U.S. mail (in …

U.S. v. Garcia, No. 00-1408 (2nd Cir.) (240 F.3d 180) (February 20, 2001) (Judge Jon O. Newman)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Garcia, No. 00-1408 (2nd Cir.) (240 F.3d 180) (February 20, 2001) (Judge Jon O. Newman) by The issue addressed in this case was “whether [under Apprendi] a jury, rather than a sentencing judge, must find a sentencing fact that affects only a Guidelines sentencing range within a statutory …

U.S. v. Hicks, No. 99-10352 (9th Cir.) (217 F.3d 1038) (July 31, 2000) (Judge Susan P. Graber)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Hicks, No. 99-10352 (9th Cir.) (217 F.3d 1038) (July 31, 2000) (Judge Susan P. Graber) by In assessing what losses could be used to calculate the defendant's adjusted offense level, the Court concluded as follows: "The Guidelines' 'relevant conduct' provision requires a defendant's sentence to be based on …

U.S. v. Tomasino, No. 99-2796 (7th Cir.) (206 F.3d 739) (March 15, 2000) (Judge Richard A. Posner)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Affecting a Financial Institution

U.S. v. Tomasino, No. 99-2796 (7th Cir.) (206 F.3d 739) (March 15, 2000) (Judge Richard A. Posner) by In this case, the Government appealed from a decision by the district court, reported at 57 F.Supp.2d 565, in which it refused to enhance the defendant’s mail fraud sentence under U.S.S.G. § …

U.S. v. Hunerlach, No. 98-4781 (11th Cir.) (197 F.3d 1059) (December 7, 1999) (Judge Richard Mills)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Hunerlach, No. 98-4781 (11th Cir.) (197 F.3d 1059) (December 7, 1999) (Judge Richard Mills) by In this case the district court, in calculating the defendant's sentence for tax evasion, included interest and penalties. The defendant argued that that calculation was erroneous. In a wonderful example of selective choosing …

U.S. v. Ruhe, No. 98-4731 (4th Cir.) (191 F.3d 376) (August 31, 1999) (Judge Francis D. Jr. Murnaghan)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Ruhe, No. 98-4731 (4th Cir.) (191 F.3d 376) (August 31, 1999) (Judge Francis D. Jr. Murnaghan) by Here, over the strong dissent of Judge Niemeyer, the Court held that the proper measure of loss under USSG § 2B1.1 is the value of the goods to the victim, which …

U.S. v. Sharma, No. 98-7408 (3rd Cir.) (190 F.3d 220) (August 30, 1999) (Judge Max Rosenn)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Sharma, No. 98-7408 (3rd Cir.) (190 F.3d 220) (August 30, 1999) (Judge Max Rosenn) by In 1992, largely in response to a previous Third Circuit decision (U.S. v. Kopp, 951 F.2d 521 (3rd Cir. 1991)), the Sentencing Commission amended U.S.S.G. § 2F1.1 to provide that “loss” in fraud …

U.S. v. Whitehead, No. 98-2289 (8th Cir.) (176 F.3d 1030) (April 8, 1999) (Judge Harold D. Vietor)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Whitehead, No. 98-2289 (8th Cir.) (176 F.3d 1030) (April 8, 1999) (Judge Harold D. Vietor) by The Court also noted that any restitution made after the discovery does not affect the total loss; and that even if the bank's actual loss is zero, the court should then use …

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott) by Here, although the Court agreed that, by subtracting penalties and interest from the amount of the loss, the resulting loss failed to adequately addess the nature of the crime, it held it …

U.S. v. Crandon, No. 98-5161 (3rd Cir.) (173 F.3d 122) (March 18, 1999) (Judge Timothy K. Lewis)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Loss - Consequential Damages

U.S. v. Crandon, No. 98-5161 (3rd Cir.) (173 F.3d 122) (March 18, 1999) (Judge Timothy K. Lewis) by Here the Third Circuit affirmed a restitution order that required a 39-year old defendant to pay some $57,000 towards his 14-year old victim's psychiatric expenses, and held that there is nothing in …

U.S. v. Izydore, No. 97-50537 (5th Cir.) (167 F.3d 213) (February 8, 1999) (Judge Harold R. Jr. DeMoss)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Loss - Consequential Damages

U.S. v. Izydore, No. 97-50537 (5th Cir.) (167 F.3d 213) (February 8, 1999) (Judge Harold R. Jr. DeMoss) by This case deals with the murky concept of "losses" under the Sentencing Guidelines and it shows how judges will often routinely, but incorrectly, use "consequential losses" to increase a defendant's sentence …

U.S. v. Costello, No. CR. 97-10103-NG (D.Mass.) (16 F.Supp.2d 36) (January 8, 1998) (Judge Nancy Gertner)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Costello, No. CR. 97-10103-NG (D.Mass.) (16 F.Supp.2d 36) (January 8, 1998) (Judge Nancy Gertner) by United States v. Costello, 16 F.Supp.2d 36 (D.Mass. 1998) (Judge Gertner) United States v. McDougal, 16 F.Supp. 1047 (E.D.Ark. 1998) (Judge Howard) The common theme in both of these cases is that the …

U.S. v. Stockheimer, No. 97-1939 (7th Cir.) (157 F.3d 1082) (September 28, 1998) (Judge Richard D. Cudahy)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Stockheimer, No. 97-1939 (7th Cir.) (157 F.3d 1082) (September 28, 1998) (Judge Richard D. Cudahy) by The Court acknowledged that some Circuits have taken the position that an intended loss is not the appropriate criterion in cases "in which the total economic loss bore no relation to 'ecomomic …

U.S. v. Bouyea, No. 97-1169 (2nd Cir.) (152 F.3d 192) (August 10, 1998) (Per Curiam)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Affecting a Financial Institution

U.S. v. Bouyea, No. 97-1169 (2nd Cir.) (152 F.3d 192) (August 10, 1998) (Per Curiam) by Case held that the defendant's defrauding of a financial institution's wholly-owned subsidiary "affected a financial institution within the meaning of the 10-year statute of limitations even though subsidiary was not itself a financial institution.

U.S. v. Porter, No. 97-1751 (7th Cir.) (145 F.3d 897) (May 14, 1998) (Judge Ilana Diamond Rovner)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Porter, No. 97-1751 (7th Cir.) (145 F.3d 897) (May 14, 1998) (Judge Ilana Diamond Rovner) by Case held that "loss", for sentencing purposes, can include amounts that the defendant stockbroker falsely told his victims their investments had earned in the stock market.