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2nd Circ.'s Stunning Assault On The Fraud Guidelines

Publisher: Law360
March 6, 2017
Day Pitney Author(s) Daniel E. Wenner

Dan Wenner wrote an article, "2nd Circ.'s Stunning Assault On The Fraud Guidelines," for Law360. In the article, Wenner explores the decision in United States v. Algahaim, 842 F.3d 796 (2d Cir. 2016), where the Second Circuit unanimously affirmed the conviction and sentence, but still remanded for reconsideration of the admittedly nonerroneous sentence. Wenner noted that "the court took the guidelines (and the Sentencing Commission) to task" although the sentencing complied with the Guidelines Manual. He added that the "U.S. Sentencing Commission had the authority to use 'loss amount as the predominant determination of the adjusted offense level for monetary offenses.'" He predicted that "every sentencing memorandum (at least in the Second Circuit) addressing a guidelines calculation under § 2B1.1 will cite Algahaim. They will cite its criticism of the guidelines and the remarkable power the court reminds sentencing judges they have."

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