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.     

Read US v. Peel, No. 07-3933

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