United States Tenth Circuit

Defendant's conviction and sentence for wire fraud and money laundering arising from his orchestration of a scheme to defraud mortgage lenders by arranging for borrowers to provide false information to qualify for loans to purchase homes at artificially inflated prices are affirmed over defendant's claims that: 1) the evidence at trial was insufficient to establish his fraud; and 2) the district court miscalculated his total offense level under the U.S.S.G. by using the amount by which the home prices were inflated as the measure of his intended loss to the lenders. (Revised opinion)

Appellate Information

• Decided 02/10/2009
• Published 02/11/2009

Judges

• HARTZ, Circuit Judge., Before HARTZ, McWILLIAMS, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Thomas D. McCormick, Oklahoma City, OK;  Jill M. Wichlens, Assistant Federal Public Defender, (Raymond P. Moore, Federal Public Defender, with her on the brief), Denver, CO, for Appellant.


• For Appellees:
  
• Susan Dickerson Cox, Assistant United States Attorney, (John C. Richter, United States Attorney, with her on the brief), Oklahoma City, OK, for Appellee.