United States First Circuit

In a prosecution for wire fraud and conspiracy to launder money for defendant's role in a "land-flipping" scheme in Massachusetts, defendant's sentence is affirmed over claims that the district court: 1) erred in calculating the amount of loss for purposes of determining guidelines base offense level; and 2) failed to adequately account for several personal circumstances justifying a lower sentence. However, an order requiring defendant to pay restitution to defrauded victims is vacated and remanded where the court appeared: 1) to have based some or all of the awards on intended loss rather than actual loss; and 2) to have taken into account emotional damages with respect to victim-buyers.

Appellate Information

• Decided 04/29/2008
• Published 04/29/2008

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Elizabeth Caddick, for appellant.


• For Appellees:
  
• Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.