United States Tenth Circuit

Two defendants' convictions for a variety of fraud-related crimes arising from and related to the operation of a credit card portfolio financed by an FDIC insured bank are affirmed with the exception of two counts, and all four defendants' sentences are vacated and remanded where the district court: 1) made erroneous Guidelines calculations, particularly with respect to amount of loss calculations; and 2) erred in holding that an individual and an entity were not victims under the MVRA, and therefore not entitled to restitution.

Appellate Information

• Decided 08/20/2008
• Published 08/21/2008

Judges

• BRISCOE, Circuit Judge., Before TACHA, BRISCOE, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• John M. Haried and James C. Murphy, Assistant United States Attorneys, (Troy A. Eid, United States Attorney;  Michael P. Carey, Assistant United States Attorney, with them on the briefs), Denver, CO, for the Plaintiff-Appellee/Cross-Appellant, United States of America., Sean Connelly, Reilly, Pozner & Connelly, LLP, Denver, CO (Jason M. Lynch, Reilly, Pozner & Connelly, LLP, Denver, CO;  Patrick J. Burke, Patrick J. Burke, P.C., Denver, CO;  Robert T. Fishman, Denver, CO, with him on the briefs), for Defendants-Appellants/Cross-Appellees, Glenn M. Gallant and Douglas R. Baetz., John T. Carlson, Assistant Federal Public Defender, (Raymond P. Moore, Federal Public Defender, with him on the briefs), for Defendant-Appellee/Cross-Appellant, Thomas Alan Boyd., Daniel J. Sears, Daniel J. Sears, P.C., Denver, CO, for Defendant-Appellee/Cross-Appellant, Jack O. Grace, Jr.