Federal 7th Circuit Court
Criminal Court
Sentencing
Dist. Ct. did not err in sentencing defendant to 18-month term of incarceration on wire fraud charge, where said sentence was based, in part, on Dist. Ct’s. calculation of victim’s “loss” of $310,000 as amount that defendant owed victim at time victim became aware of wire fraud. Said calculation was consistent with application note 3 of section 2B1.1 of USSG, and Dist. Ct. did not err in giving said commentary note controlling weight. Ct. of Appeals rejected defendant’s contention that said loss is more properly calculated as amount defendant owes victim at time of sentencing.