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
Submitted: April 16, 2009
Filed: December 7, 2009
Opinion by Judge Shepherd
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