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August 20, 2008

Tenth Circuit discusses loss, restitution and other white-collar issues of note

In a long opinion (108 pages!) covering lots of ground, the Tenth Circuit today in US v. Gallant, No. 07-1344 (10th Cir. Aug. 20, 2008) (available here), discusses a host of notable and important white-collar crime and sentencing issues.  The sentencing discussion starts on page 58 of the slip opinion, and here is the court's summary of issues covered:

The government and all four defendants appeal aspects of the district court’s sentencing procedures and conclusions. The government’s primary argument is that the district court erred in calculating the amount of loss attributable to the defendants’ conduct for purposes of imposing an enhancement under § 2F1.1 of the Sentencing Guidelines. The defendants and the government also argue that the district court erred in imposing various other enhancements under the Guidelines. In addition, the government challenges the sentencing procedures employed by the district court and argues that the district court erred in failing to order restitution.

August 20, 2008 at 05:32 PM | Permalink


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Okay, I read the entire opinion and about all I can think is that the district judge was trying to be lazy during the sentencing process.

Also amazing how much time this took. 4-5 years from the FDIC taking over until the indictment and then another 5 years before the appeal is rendered and now even more time for resentencing.

Posted by: Soronel Haetir | Aug 21, 2008 1:49:51 AM

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