United States Ninth Circuit

In a challenge to the sentence given in a bank fraud case, the sentence is vacated and case remanded for resentencing where the district court 1) miscalculated the number of victims under United States Sentencing Guidelines (U.S.S.G.) section 2B1.1(b)(2); and 2) erred by failing to apply U.S.S.G. section 5G1.3(b)(1) for time served.

Appellate Information

• Argued 04/08/2008
• Decided 10/15/2008
• Published 10/15/2008

Judges

• Before STEPHEN REINHARDT, A. WALLACE TASHIMA and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Tessa M. Gorman, Assistant United States Attorney, Seattle, WA, for the plaintiff-appellee., Carol A. Elewski, Tumwater, WA, for the defendant-appellant.