U.S. v. Ponle

Defendant pleaded guilty to one count of wire fraud after he stole money from seven businesses and attempted to steal more through a far-reaching scheme to fraudulently induce wire transfers. At issue in the appeal was whether a provision of the United States Sentencing Guidelines that directs the court to add escalating enhancements to a defendant’s offense level depending on the amount of loss referred solely to actual loss or whether it included intended, but unrealized loss. The district court determined it was the latter and calculated defendant’s sentence based on the larger number. Defendant appealed and the Seventh Circuit affirmed, finding that the district court did not err in its interpretation of the language of the guidelines. (EASTERBROOK and JACKSON-AKIWUMI, concurring)