U.S. v. Rosen

Dist. Ct. did not err in sentencing defendant to below-guidelines, 48-month term of incarceration on wire fraud charges stemming from scheme in which defendant received approval to build housing complex under circumstances in which defendant lied to city officials regarding his ability to obtain outside financing for project and as to how he would build said housing units. Dist. Ct. could properly find that intended loss arising out of scheme totaled $1,924,810, which represented amount of public financing defendant would have received for completed project, even though actual loss to private entities was only $66,449.04. Moreover, Dist. Ct. could properly find that defendant exercised control over five or more individuals when perpetrating scheme, even though said individuals played only specific, limited roles in carrying out scheme.