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U.S. v. Confredo, No. 06-3201-cr (2nd Cir.) (528 F.3d 143) (June 10, 2008) (Judge Jon O. Newman)

Article • July 1, 2008 • from P&J July, 2008

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Confredo, No. 06-3201-cr (2nd Cir.) (528 F.3d 143) (June 10, 2008) (Judge Jon O. Newman) by n a sentence appeal primarily addressing loss calculations under sentencing guideline provisions which govern the "intended loss" of defendant's offenses involving fraudulent loan applications, the circuit court rules that: 1) a defendant …

U.S. v. McBride, No. 02-3931 (6th Cir.) (362 F.3d 360) (March 30, 2004) (Judge Ronald Lee Gilman)

Article • April 1, 2004 • from P&J April, 2004

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. McBride, No. 02-3931 (6th Cir.) (362 F.3d 360) (March 30, 2004) (Judge Ronald Lee Gilman) by This case is noted for its holding that where a sentencing is based largely or solely on an intended loss under U.S.S.G. § 2B1.1, a downward departure may be warranted under the …

U.S. v. Roen, No. 03-CR-63 (E.D.Wisc.) (279 F.Supp.2d 986) (August 25, 2003) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Roen, No. 03-CR-63 (E.D.Wisc.) (279 F.Supp.2d 986) (August 25, 2003) (Judge Lynn S. Adelman) by As he so often does, Judge Adelman has put a bit of common sense and reality back into the concept of using the “intended loss” of a crime as the true measure of …

U.S. v. Capanelli, No. 01 CR. 1121 (CSH) (S.D.N.Y.) (270 F.Supp.2d 467) (July 14, 2003) (Judge Charles S. Jr. Haight)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Capanelli, No. 01 CR. 1121 (CSH) (S.D.N.Y.) (270 F.Supp.2d 467) (July 14, 2003) (Judge Charles S. Jr. Haight) by This case is noted as an example of how easy it is for the average person, untrained in the subtleties of the law, to waive valuable rights. The unnamed …

U.S. v. Yeaman, No. 98-1102 (3rd Cir.) (194 F.3d 442) (October 15, 1999) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Yeaman, No. 98-1102 (3rd Cir.) (194 F.3d 442) (October 15, 1999) (Judge Walter K. Stapleton) by In this case the Court reversed the district court's determination that no loss had occurred because the insurors had issued insurance policies (and were thus committed to pay the claims) before the …

U.S. v. Burridge, No. 98-4077 (10th Cir.) (191 F.3d 1297) (September 14, 1999) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Burridge, No. 98-4077 (10th Cir.) (191 F.3d 1297) (September 14, 1999) (Judge Carlos Lucero) by Here the Court held that intended loss, rather than net loss, could properly be used to determine the amount of loss for purposes of USSG § 2F1.1.

U.S. v. Klisser, No. 98-1642 (2nd Cir.) (190 F.3d 34) (August 24, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Klisser, No. 98-1642 (2nd Cir.) (190 F.3d 34) (August 24, 1999) (Per Curiam) by In this case the Second Circuit held that the calculation of a fraud defendant's offense level under Section 2F.1 of the U.S. Sentencing Guidelines may be based on "intended loss" even if no "actual …

U.S. v. Ensminger, No. 98-6179 (10th Cir.) (174 F.3d 1143) (April 19, 1999) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Ensminger, No. 98-6179 (10th Cir.) (174 F.3d 1143) (April 19, 1999) (Judge Paul J. Jr. Kelly) by This case is noted for its discussion of whether a sentencing court, in calculating a defendant's sentence in a fraud case under U.S.S.G. § 2F1.1, is limited to "actual" losses occasioned …

U.S. v. Studevent, No. 96-3095 (D.C. Cir.) (116 F.3d 1559) (July 8, 1997) (Judge Karen LeCraft Henderson)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Studevent, No. 96-3095 (D.C. Cir.) (116 F.3d 1559) (July 8, 1997) (Judge Karen LeCraft Henderson) by United States v. Studevent, 116 F.3d 1559 (D.C. Cir. 1997) United States v. Barnes, 117 F.3d 328 (7th Cir. 1997) In fraud cases under the Guidelines, the length of a defendant's sentence …

U.S. v. Wai-Keung, No. 94-4344 (11th Cir.) (115 F.3d 874) (June 20, 1997) (Per Curiam)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Wai-Keung, No. 94-4344 (11th Cir.) (115 F.3d 874) (June 20, 1997) (Per Curiam) by Here the Court held that the district court did not err in calculating the "intended loss" through thre use of fake credit cards, because the intended loss need not be "realistically possible". The Court …

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé) by Here the Court held that the defendant's sentence could properly be based on the amount of loss that the defendant intended, rather than on the actual loss that occurred. In this …

U.S. v. Robinson, No. 95-50577 (9th Cir.) (94 F.3d 1325) (September 4, 1996) (Judge Sidney R. Thomas)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Robinson, No. 95-50577 (9th Cir.) (94 F.3d 1325) (September 4, 1996) (Judge Sidney R. Thomas) by Here, disagreeing with the Tenth Circuit's analysis in U.S. v. Galbraith, 20 F.3d 1054 (10th Cir. 1994), the Court held that loss calculations under USSG § 2F1.1 do "not require the loss …

U.S. v. Coffman, No. 95-3217 (7th Cir.) (94 F.3d 330) (August 27, 1996) (Judge Richard A. Posner)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Coffman, No. 95-3217 (7th Cir.) (94 F.3d 330) (August 27, 1996) (Judge Richard A. Posner) by Here the Court held that the amount of loss for sentencing purposes could be based on the "intended loss", even though the proposed victim had "smelled a rat" and informed authorities, precluding …

U.S. v. Wolfe, No. 95-3373 (6th Cir.) (71 F.3d 611) (December 15, 1995) (Judge Danny J. Boggs)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Wolfe, No. 95-3373 (6th Cir.) (71 F.3d 611) (December 15, 1995) (Judge Danny J. Boggs) by The defendant in this case objected to being charged, for sentencing purposes, with the full amount of the loss attributable to a Ponzi scheme on the grounds that 90% of the funds …

U.S. v. Egemonye, No. 94-1922 (1st Cir.) (62 F.3d 425) (August 3, 1995) (Judge Michael Boudin)

Article • September 1, 1995

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Egemonye, No. 94-1922 (1st Cir.) (62 F.3d 425) (August 3, 1995) (Judge Michael Boudin) by Case held that the aggregate credit card limits could be used as the measure of intended and potential loss for purposes of the Guidelines. In a credit card fraud case that deals primarily …

U.S. v. Stanley, No. 94-1337 (2nd Cir.) (54 F.3d 103) (April 28, 1995) (Judge Joseph M. McLaughlin)

Article • July 1, 1995

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Stanley, No. 94-1337 (2nd Cir.) (54 F.3d 103) (April 28, 1995) (Judge Joseph M. McLaughlin) by Case held that loss could properly be based on the difference between the value of the bonds in question when fraud began and value at time fraud was discovered, regardless of intent …

U.S. v. Kahn, No. 91-1626 (6th Cir.) (969 F.2d 1626) (July 14, 1992) (Judge Gilbert S. Merritt)

Article • January 1, 1994

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Kahn, No. 91-1626 (6th Cir.) (969 F.2d 1626) (July 14, 1992) (Judge Gilbert S. Merritt) by Case held that offense level for fraud offense under § 2F1.1 may not be increased, based on estimate of victim's loss if fraud had not been discovered, where defendant's ineligibility for benefits …

U.S. v. Santiago, No. 90-2180 (10th Cir.) (977 F.2d 517) (October 13, 1992) (Judge Jim R. Carrigan)

Article • January 1, 1994

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Santiago, No. 90-2180 (10th Cir.) (977 F.2d 517) (October 13, 1992) (Judge Jim R. Carrigan) by In this case the defendant fraudulently filed a claim of $11,000 with his insurance company. However, the market value of the car that he falsely claimed was stolen was only $4,800, which …

U.S. v. Galbraith, No. 92-4103 (10th Cir.) (20 F.3d 1054) (February 17, 1994) (Judge Deanell R. Tacha)

Article • January 1, 1994

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Galbraith, No. 92-4103 (10th Cir.) (20 F.3d 1054) (February 17, 1994) (Judge Deanell R. Tacha) by Case held that defendant's base-offense level could not be enhanced based on intended loss, where as participant in undercover sting operation involving sale of stock to nonexistent pension fund, he was incapable …

U.S. v. Watkins, No. 92-5830 (6th Cir.) (994 F.2d 1192) (June 1, 1993) (Judge Albert J. Engel)

Article • January 1, 1994

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Watkins, No. 92-5830 (6th Cir.) (994 F.2d 1192) (June 1, 1993) (Judge Albert J. Engel) by The Court held that there are three limitations of the broad reach of the "intended loss" rule - the second of which was "that the intended loss must have been possible to …