US v. Miller, No. 08-3052

In the government's appeal from defendant's wire fraud sentence, the sentence is affirmed where: 1) the government cited no reason why the court should not defer to the district court's actual loss conclusion; and 2) where there was no actual loss and no intended loss, the Sentencing Guidelines did not permit the substitution of the "gain" measure for loss.

Read US v. Miller, No. 08-3052

Appellate Information

Submitted: April 16, 2009

Filed: December 7, 2009

Judges

Opinion by Judge Shepherd