US v. Sutton, No. 08-3370

Sentence of defendant convicted of health care fraud in violation of 18 U.S.C. section 1347 to the statutory maximum of ten years' imprisonment followed by two years of supervised release is vacated and remanded as the district court erred in imposing the six-level adjustment because the guidelines are clear that monetary loss is required, and no such loss was suffered by the 2000-plus individuals whose identities were used by defendant to perpetuate his fraud.   

Read US v. Sutton, No. 08-3370

Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division

Argued May 29, 2009
Decided September 28, 2009

Judges

Before Ripple, Rovner, and Sykes,  Circuit Judges

Opinion by Rovner, Circuit Judge