United States Eighth Circuit

Defendant's conviction and sentence for wire fraud, for material misstatements made in a mortgage application, are affirmed where: 1) the loss to the victim flowed as directly from the fraud as the default on the loan which caused the lender's loss; and 2) under the plain wording of the Mandatory Victim Restitution Act, the district court properly applied the restitution statute and did not abuse its discretion in ordering defendant to pay $44,200 in restitution to the victim.

Appellate Information

• Decided 11/12/2010
• Published 11/12/2010

Judges

• Diana C. Murphy

Court

• United States Eighth Circuit

Counsel