United States Ninth Circuit

Restitution and forfeiture components of sentence for conviction for participating in an extensive mortgage-fraud conspiracy, are affirmed where: 1) defendant’s bare speculation that the process employed by the district court in calculating the losses incurred by the victim banks was somehow deficient does not approach defendant's burden of demonstrating clear or obvious error in the district court's restitution calculations; 2) the district court did not err in calculating the proceeds of her criminal activity when imposing the order of money forfeiture; but 3) the order of forfeiture imposed against the defendant personally at sentencing is punitive and therefore subject to Eighth Amendment excessiveness review.

Appellate Information

• Published 2016/06/13

Judges

• O'SCANNLAIN

Court

• United States Ninth Circuit

Counsel