United States Seventh Circuit

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US v. Sutton, 08-3370

Sentence of defendant convicted of health care fraud in violation of 18 U.S.C. section 1347 to the statutory maximum of ten years' imprisonment followed by two years of supervised release is vacated and remanded as the district court erred in imposing a six-level adjustment because the guidelines are clear that monetary loss is required, and no such loss was suffered by the 2000-plus individuals whose identities were used by defendant to perpetuate his fraud.

Appellate Information

  • Argued 05/29/2009
  • Decided 09/28/2009
  • Published 09/28/2009

Judges

  • ROVNER, Circuit Judge., Before RIPPLE, ROVNER, and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Winfield D. Ong, Attorney, Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., Juval O. Scott, Attorney, Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.