U.S. v. Love

Dist. Ct. erred in sentencing defendant to 66-month term of incarceration on fraud charge stemming from scheme to have residential properties purchased at inflated sales prices, where sentence was based in part on miscalculation regarding number of victims attributed to defendant. Record showed that actual number of victims was seven, and thus Dist. Ct. should not have found existence of two-level enhancement for offense involving more than 10 victims. Moreover, defendant is entitled to new sentencing hearing even though he received below guidelines sentence since it was impossible to know whether Dist. Ct. would have imposed same sentence if it had been aware of actual guideline range.