U.S. v. Salem

Dist. Ct. erred in sentencing defendants on wire fraud charges where Dist. Ct. made various relevant conduct calculations under section 1B1.3(a)(1)(B) under circumstances that concerned jointly undertaken criminal activity. Remand was required because Dist. Ct. failed to make preliminary determination regarding scope of criminal activity that each defendant agreed to jointly undertake. Fact that Dist. Ct. made specific finding that co-schemers’ conduct was reasonably foreseeable by defendants was insufficient.