U.S. v. Young

Dist. Ct. did not err in sentencing defendant to 21-month term of incarceration on charge of wire fraud, where said sentence was based, in part, on stipulated loss amount of $201,521.41 arising out of defendant’s submission of claims to Veterans Administration, where said loss was used to calculate his guideline range and amount of restitution. Ct. of Appeals determined that defendant had waived any objection to calculation of loss amount, since: (1) defendant had agreed, as part of plea agreement, that he was overpaid $201,521.41 in disability payments, and that restitution should be in said amount; and (2) said figure was product of compromise between defendant and prosecutor. Moreover, defendant could not assert that issue was merely forfeited, and thus was reviewable under plain error standard, since defendant made strategic decision to stipulate to said loss, rather than face criminal liability for other submissions of claims.