US v. Peel, No. 07-3933
Conviction and sentence of defendant for bankruptcy fraud, obstruction of justice, and possession of child pornography is affirmed in part, reversed in part and remanded where: 1) either the bankruptcy fraud conviction or the obstruction of justice conviction must be vacated as the crimes committed in a bankruptcy proceeding are the same offense for purposes of double jeopardy; 2) conviction for possession of child pornography is affirmed; 3) intended loss must be recalculated as defendant presented credible evidence for discounting a stream of future payments to future value; and 4) the guidelines sentencing range must be redetermined.
Appellate Information
Appeal from the United States District Court for the Southern District of Illinois
Decided February 12, 2010
Judges
Before: Posner, Manion, and Hamilton, Circuit Judges
Opinion by Circuit Judge Posner