United States Seventh Circuit

Defendant's convictions for wire fraud, involving a fraud on a former employer and another involving a fraudulent scheme to obtain $500,000 from a bank, are affirmed, but a restitution order vacated and remanded where: 1) although the judge's questioning of witnesses during the trial went too far, it did not prejudice defendant's substantial rights given the overwhelming evidence of his guilt; 2) defendant's "parading" argument regarding his prior conviction is meritless as his contention that the district court improperly calculated the amount of loss; but 3) the government concedes, and the court agrees, that the district court should not have ordered restitution based on relevant conduct.

Appellate Information

• Decided 03/26/2010
• Published 03/26/2010

Judges

Court

• United States Seventh Circuit

Counsel