By: Derek Hawkins//May 2, 2017//
7th Circuit Court of Appeals
Case Name: United States of America v. Alan H. Gold
Case No.: 16-3678
Officials: BAUER, POSNER, and HAMILTON, Circuit Judges.
Focus: Sentencing
The defendant was indicted for wire fraud, 18 U.S.C. § 1343, and pleaded guilty. The presentence investigation report prepared by the Probation Office stated that his guideline prison-sentence range was 70 to 87 months, a range based on the report’s estimation that the loss to the victims of the fraud had slightly exceeded $1.8 million. The district judge sentenced the defendant to 75 months in prison, to three years of supervised release, and to pay restitution to the victims of his fraud. On appeal the defendant argues that the financial loss he caused was closer to $1 million, which would have put him in a lower guidelines range, see U.S.S.G. § 2B1.1(b)(1), and that the district judge should have considered giving him a shorter prison sentence than 75 months for the additional reason that shaving time off the term would give him more time to earn the money he would need in order to be able to make restitution to his victims.
Affirmed