United States Eighth Circuit

In the government's appeal from defendant's wire fraud sentence, the sentence is affirmed where: 1) the government cited no reason why the court should not defer to the district court's actual loss conclusion; and 2) where there was no actual loss and no intended loss, the Sentencing Guidelines did not permit the substitution of the "gain" measure for loss.

Appellate Information

• Decided 12/07/2009
• Published 12/07/2009

Judges

Court

• United States Eighth Circuit

Counsel