Sentencing; Number of victims

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Sentencing    
Number of victims

Where the district court incorrect calculated the number of victims, the sentence must be vacated.

“‘We review the procedures followed by the district court in sentencing de novo.’ United States v. Glosser, 623 F.3d 413, 418 (7th Cir. 2010). In this case, the government agrees with Love’s argument on appeal and concedes that there was an error in calculating the number of victims—there were only seven victims associated with Love’s offense, not more than ten. Thus, Love’s final total offense level should have been 31, not 33, for a sentencing guidelines range of 108 to 135 months, instead of 135 to 168 months. Even though Love received a sentence that was significantly below the guidelines range, the range on which his sentence was based was erroneously calculated. Such an error is not harmless because it is impossible to know whether the district court would have imposed the same sentence had it not committed this procedural error. See Glosser, 623 F.3d at 419-20. We therefore vacate Love’s sentence and remand for resentencing using the correct guidelines range. Additionally, the judgment should be corrected with the appropriate amount of restitution properly designated to the seven victim lending institutions.”

Affirmed in part, and Vacated in part.

10-2879, 11-1617 & 11-1625 U.S. v. Love

Appeals from the United States District Court for the Northern District of Illinois, Andersen, Kendall, JJ., Manion, J.

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