United States Fifth Circuit

Defendant's conviction for making false statements on loan applications is affirmed where, if a person makes a false statement that has the capacity to influence a bank, then the specific intent necessary to violate 18 U.S.C. section 1014 may be inferred and the offense is complete. However, defendant's sentence is vacated where the district court's use of the "gross receipts" Sentencing Guidelines enhancement was improper because defendant did not derive more than $1,000,000 "as a result of the offense."

Appellate Information

• Decided 12/02/2009
• Published 12/02/2009

Judges

• LESLIE H. SOUTHWICK, Circuit Judge:, Before BARKSDALE, SOUTHWICK and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Randall A. Blake, Asst. U.S. Atty., Sherman, TX, Andrew Levchuk (argued), John Park Pearson, Trial Atty., U.S. Dept. of Justice, Crim Div., Fraud Section, Washington, DC, for U.S., Gary Alan Udashen (argued), Sorrels, Udashen & Anton, Dallas, TX, for Sandlin.