United States Second Circuit

In appeal from conviction on charges stemming from involvement in a fraudulent mortgage scheme, the sentences and restitution orders are vacated and the case is remanded, where the district court: 1) did not err in its calculation of the loss amount for sentencing guidelines purposes as it was a reasonable estimate of the intended loss; but 2) interpreted U.S. Sentencing Guidelines section 2B1.1(b)(2)(A)(ii), which increases an offense by two levels if it was "committed through mass-marketing," too broadly because it applies only if the audience of the mass-marketing was in some sense victimized by the scheme; and 3) erroneously calculated restitution because it failed to credit any of the value of the collateral.

Appellate Information

• Decided 11/07/2012
• Published 11/07/2012

Judges

• LYNCH

Court

• United States Second Circuit

Counsel