United States Tenth Circuit

A sentence for mail fraud and odometer tampering is affirmed over a challenge to the district court's application of a 12-level enhancement pursuant to U.S.S.G. section 2B1.1(b)(1)(G), which was based on a finding that defendant's conduct caused a loss of $304,000. There is more than one permissible way to measure loss in criminal odometer tampering cases and the district court's estimate in this case was one such permissible measure.

Appellate Information

• Decided 04/03/2008
• Published 04/04/2008

Judges

• KELLY, Circuit Judge., Before TACHA, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and KELLY, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jill Wichlens, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, on the briefs), Denver, CO, for Defendant-Appellant., Alan J. Phelps, Trial Attorney, Office of Consumer Litigation, U.S. Department of Justice (Peter D. Keisler, Assistant Attorney General, Troy EID, United States Attorney, Kenneth L. Jost, Deputy Director, on the brief), Washington, D.C., for Plaintiff-Appellee.