United States Tenth Circuit

Defendant's wire fraud sentence and restitution order are affirmed where: 1) defendant did not present evidence to bring the reliability of the government witnesses' conservative estimates regarding the loss caused by defendant or the district court's findings into doubt; and 2) the Sentencing Guidelines did not require a civil settlement amount to be credited against the loss figure for the purposes of calculating the sentencing range.

Appellate Information

• Decided 12/10/2009
• Published 12/10/2009

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Thomas P. Sleisenger, Law Offices of Thomas P. Sleisenger, Los Angeles, CA, for the Defendant-Appellant., John M. Hutchins (David M. Gaouette and Robert Mydans with him on the briefs), Office of the United States Attorney, Denver, CO, for the Plaintiff-Appellee.