United States Second Circuit

In a sentence appeal primarily addressing loss calculations under sentencing guideline provisions which govern the "intended loss" of defendant's offenses involving fraudulent loan applications, the circuit court rules that: 1) a defendant should have an opportunity to persuade the sentencing judge that the loss intended was less than the face amount of the loans; and 2) in the event that a trial judge determines that a defendant has proven a subjective intent to cause a loss less than the aggregate amount of the loans, loss calculation should be based on intended losses, unless the actual loss is a higher amount.

Appellate Information

• Decided 06/10/2008
• Published 06/10/2008

Judges

• JON O. NEWMAN, Circuit Judge., Before:  NEWMAN, WINTER, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• James H. Feldman, Ardmore, Penn. (Peter Goldberger, Law Offices of Alan Ellis, Ardmore, Penn., on the brief), for Defendant-Appellant., Robin W. Morey, Asst. U.S. Atty., New York, N.Y. (Michael J. Garcia, U.S. Atty., Celeste L. Koeleveld, Asst. U.S. Atty., New York, N.Y., on the brief), for Appellee.