U.S. v. Leiskunas

Dist. Ct. erred in sentencing defendant to 37-month term of incarceration on wire fraud charge arising out of scheme by defendant and others to defraud mortgage companies to loan money to purchase properties that had inflated values. While record reflected that Dist. Ct. exercised its discretion in failing to reduce defendant's within-guideline sentence based on his cooperation with govt., remand was required when Dist. Ct. failed to explain basis for its finding that defendant, who acted as straw purchaser of seven properties, was responsible for $1,792,000 in losses to mortgage companies. Moreover, Dist. Ct. erred in rejecting defendant's request for minor role adjustment where Dist. Ct. based denial on finding that defendant played necessary role in scheme and that defendant repeated his role to assist others in scheme, since person playing necessary role could still be minor participant in said scheme.