RESTITUTION may be imposed for all harm caused by charitable fraud scheme including harm beyond count of conviction… conviction affirmed… Christensen reversed as to restitution, affirmed as to conviction. [Read more…]
Wire fraud, uncharged transactions in other states
WIRE FRAUD: Uncharged transactions in other states are part of the Montana charged offense — the fraudulent scheme as a whole — not “other” crimes/acts… Christensen affirmed. [Read more…]
Sentencing, complex loan scheme
SENTENCING: 56 months for complex loan scheme causing $3,741,047.82 actual loss to victims affirmed… Haddon affirmed (unpublished). [Read more…]
Tax evasion, “sophisticated means” enhancement
TAX EVASION: No error in $1 million+ tax loss analysis…”sophisticated means” enhancement properly applied to reach 40 months prison… Morris affirmed (unpublished). [Read more…]
Tax evasion v. willful failure to pay
TAX EVASION: Jury should have been instructed on willful failure to pay as lesser-included… vacated and remanded… Lovell reversed (unpublished). [Read more…]
Sentencing, controlled substances by deception
SENTENCING: Sentence for controlled substance by deception within calculated Guidelines range, Defendant waived right to appeal… USA urged to consider more precise language in appellate waivers as to distinction between objection to calculation and request for downward departure… Haddon affirmed (unpublished). [Read more…]
Sentencing, assault with weapon
SENTENCING: 62 months for assault with weapon substantively reasonable… Molloy affirmed (unpublished). [Read more…]
Attorney hubris, inability to attend hearing
ATTORNEY HUBRIS: Attorney giving notice of inability to attend plea change hearing due to scheduling conflicts ordered to attend reset hearing prepared to explain lack of professionalism… Molloy. [Read more…]