Sentencing — relevant conduct

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — relevant conduct

Where the defendant pleaded guilty to allegations in the complaint, he cannot claim that the losses involved were relevant conduct solely attributable to other co-defendants.

“Even assuming arguendo that the argument has not been waived, the restitution award does not support a finding of clear error. Dong is correct that a loss to Countrywide was not specifically set forth in Counts Seven and Eight of the Indictment. However, he fails to acknowledge that fraud causing a loss to Countrywide was expressly stated in the description of the scheme contained in paragraphs 1 through 67 of Count One, which was incorporated by reference in Counts Seven and Eight. Paragraphs 56 and 57 of the Indictment allege that part of the scheme involved Dong making false statements to Countrywide in order to obtain the initial purchase mortgage for the Lake Park property, which was then used as collateral to support fraudulent equity loans.”

Affirmed.

11-1347 U.S. v. Dong

Appeal from the United States District Court for the Northern District of Illinois, Zagel, J., Shadid, J.