In sentencing defendant on charges of conspiracy to violate RICO and interstate transportation of stolen property, Dist. Ct. erred in failing to make particularized findings about scope of conduct attributed to defendant when sentencing defendant to 72-month term of incarceration based on loss caused by entire conspiracy. However, no reversible error occurred, where: (1) Dist. Ct. found that loss attributable to defendant was $1,848,868.50; and (2) defendant failed to show reasonable probability that relevant conduct would reveal loss under $1.5 million for purposes of sentencing defendant under lower sentencing guideline range. However, remand was required with respect to Dist. Ct.’s imposition of $1,811.679.25 restitution order, where restitution amount included loss to at least one victim that occurred at time when defendant was not part of charged conspiracy.
Federal 7th Circuit Court
Criminal Court
Sentencing