U.S. v. Hussein

Dist. Ct. did not err in sentencing defendant to 60-month term of incarceration, as well as imposing $1.7 million restitution order on wire fraud charges stemming from scheme where food-stamp recipients exchanged said stamps for discounted cash payments at defendant's stores. Record supported Dist. Ct.'s 16-level offense level enhancement based upon finding that govt. incurred over $1 million loss as result of instant scheme, even though defendant correctly argued that Dist. Ct. was required to subtract legitimate profit from food sales when making said assessment. Moreover, Dist. Ct. properly found that defendant was organizer of instant scheme where defendant received approximately $2 million from fraudulent food stamp redemptions, and where scheme involved hundred of customers.