U.S. v. Klund

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 22-1191
Decision Date: 
February 7, 2023
Federal District: 
W.D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not commit plain error in sentencing defendant to 120-month term of incarceration on wire fraud, aggravated identity theft and money laundering charges, where said sentence was based in part on calculation of loss that defendant intended to inflict on victim. Presentence report calculated defendant’s intended loss based on series of contracts in which defendant shipped either non-conforming parts or failed to ship parts for which he received payment. Dist. Ct. did not err in failing to give defendant offset for cost of goods he did not ship but intended to ship, where defendant’s past failure to deliver parts that he contracted to provide, but submitted invoices anyway, or shipped non-conforming parts cast doubt on defendant’s current claim that he would have actually sent conforming parts in satisfaction of existing contracts, but for government’s cancelation of said contracts. Also, Ct. of Appeals did not address defendant’s argument that he should have received offset for costs of conforming parts shipped to Department of Defense, since any offset would not have affected his sentencing guideline range.