Dist. Ct. did not commit plain error in entering $110,600 restitution award as part of sentence on fraud charge, even though Dist. Ct. referred to said amount as defendant’s “intended loss.” Amount of restitution depends on victim’s actual loss, regardless of whether defendant intended larger loss, and FBI agent’s calculation that $110,600 represented victim-school district’s actual loss was supported by record, where said calculation represented kickback amount that defendant and his co-conspirator received from victim. As such, Dist. Ct. merely misspoke that said amount represented “intended loss.” Also, defendant failed in his burden to show that $110,600 was unreliable as restitution amount and otherwise failed to request complete accounting under 18 USC section 3664(a).
Federal 7th Circuit Court
Criminal Court
Restitution