Defendant's mail fraud sentence is affirmed where: 1) a defendant is not entitled to an offset against a loss based on business expenses that confer no benefit upon the victims; and 2) Application Note 2(C) to section 2S1.1 of the Sentencing Guidelines does not preclude an enhancement for obstruction of justice pursuant to section 3C1.1 of the Guidelines where a defendant's obstruction relates to an offense underlying a money laundering offense, but not to the money laundering offense itself.
Argued: October 9, 2009
Decided: October 29, 2009
Opinion by Judge Cabranes
Gregory L. Waples, Assistant United States Attorney, District of Vermont, Burlington, VT