U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

US v. Masek, No. 08-1296

Defendant's wire fraud sentence and restitution order are affirmed where: 1) defendant did not present evidence to bring the reliability of the government witnesses' conservative estimates regarding the loss caused by defendant or the district court's findings into doubt; and 2) the Sentencing Guidelines did not require a civil settlement amount to be credited against the loss figure for the purposes of calculating the sentencing range.

Read US v. Masek, No. 08-1296

Appellate Information

Filed December 10, 2009


Opinion by Judge Lucero


For Appellant:

Thomas P. Sleisenger, Law Offices of Thomas P. Sleisenger, Los Angeles, CA

For Appellee:

John M. Hutchins, David M. Gaouette and Robert Mydans, Office of the United States Attorney, Denver, CO