Sentencing — restitution

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U.S. Court of Appeals for the 7th Circuit

Criminal

Sentencing — restitution

It was not an abuse of discretion to impose full restitution against a co-defendant despite inability to pay the full amount.

“Moeser maintains that the court should have considered his ‘disproportionately small causal contribution to the loss’ and held him responsible only for the $23,048 stemming from the fifteenth draw. However, the record shows that the court did consider Moeser’s contributions to the scheme and found them significant. Rejecting ‘Moeser’s attempt to distance himself from the actions of his co-conspirators,’ the court reiterated its analysis regarding Moeser’s membership in the conspiracy and his actions in furtherance of it. Having found that Moeser ‘fully contributed to the loss of the bank and to the losses of the unpaid subcontractors,’ the court decided against letting him off the hook under § 3664(h). Based on our earlier analysis, we find no abuse of discretion in that decision.”

Affirmed.

13-3718 U.S. v. Moeser

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Flaum, J.