United States Ninth Circuit

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US v. Hymas, 13-30239

Defendants Aaron and Tiffany Hymas each pled guilty to one count of wire fraud in connection with making false statements in a mortgage loan application. Defendant Aaron appeals his sentence and both defendants appeal the district court's restitution order. Aaron's sentence is vacated and the district court's restitution order is affirmed, where: 1) before applying an 8-level increase to Aaron's sentence, the district court should have applied the clear and convincing standard to determine the amount of the losses from loans that were not the subject of Aaron's conviction, given that he was not charged with a conspiracy, pled guilty to only one count of fraud regarding a specific loan transaction, and had no need or opportunity to contest the allege conspiracy, and this error was not harmless; 2) the district court correctly calculated the losses from the loans by taking the principal amount of the loan and subtracting any credits from the subsequent sale of the property, and did not err by considering the losses submitted by successor lenders who purchased the loans; and 3) the district court did not err in calculating defendants' respective restitution amounts.

Appellate Information

  • Decided 03/25/2015
  • Published 03/25/2015

Judges

  • Clifton

Court

  • United States Ninth Circuit

Counsel