United States Seventh Circuit

The restitution portion of a sentence for mail fraud, which arose from defendant's having used the postal service when he provided false credentials to secure a contract, is vacated and remanded where: 1) U.S.S.G. section 2B1.1 Application Note 3(F)(v) did not apply to defendant's situation; and 2) the district court should have calculated the value of the services defendant provided to the contracting party and reduced the restitution amount to reflect the actual loss to the victims.

Appellate Information

• Argued 11/06/2007
• Decided 06/16/2008
• Published 06/16/2008

Judges

• KANNE, Circuit Judge., Before FLAUM, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Peter M. Jarosz (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., Richard H. Parsons, Jonathan E. Hawley, Kent V. Anderson (argued), Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.