Block on Trump's Asylum Ban Upheld by Supreme Court
In the government's appeal from defendant's wire fraud sentence, the sentence is affirmed where: 1) the government cited no reason why the court should not defer to the district court's actual loss conclusion; and 2) where there was no actual loss and no intended loss, the Sentencing Guidelines did not permit the substitution of the "gain" measure for loss.
Submitted: April 16, 2009
Filed: December 7, 2009
Opinion by Judge Shepherd