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June 10, 2008

Extended Second Circuit discussion of "intended loss"

The Second Circuit today in US v. Confredo, No. 06-3201 (2d Cir. June 10, 2008) (available here), has an extended discussion of Apprendi and loss calculations and other intricacies of modern federal sentencing for white-collar offenders.  Here is the starting paragraph:

This sentencing appeal primarily concerns a loss calculation under the provision of the Sentencing Guidelines governing an “intended loss” for fraud offenses. See U.S.S.G. § 2F1.1 (1997). The appeal also presents a challenge to an enhancement for offenses committed while released on bail. See id. § 2J1.7.  Gary Confredo appeals from the June 29, 2006, amended judgment of the District Court for the Southern District of New York (Leonard B. Sand, District Judge) sentencing him to imprisonment for 205 months following his plea of guilty to various offenses involving fraudulent loan applications. We remand for reconsideration of the intended loss amount.

June 10, 2008 at 11:02 AM | Permalink


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