U.S. v. Collins

Dist. Ct. did not err in sentencing defendant to 42-month term of incarceration on mail and wire fraud charges stemming from defendant’s theft of funds from Park District and Park Foundation. While defendant argued that Dist. Ct. had improperly calculated guideline range because it miscalculated actual loss to both entities, record supported Dist. Ct.’s 10-level increase in offense level pursuant to section 2B1.1(b)(1)(F) of USSG, where defendant failed to show that Dist. Ct.’s calculation of $42,604.30 in unreported credit-card charges, $54,899 in missing ticket sales, $25,590 in diverted funds belonging to musical groups and $25,115 in misappropriated bank loan proceeds were both inaccurate and outside realm of permissible computation. Also, defendant forfeited right to complain about restitution award because he had failed to file timely notice of appeal from Dist. Ct.’s amended judgment that had imposed said award.