United States v. Natour, No. 11-2577 (7th Cir. 2012)
Annotate this CaseBased on a scheme that involved purchasing large quantities of cell phones, defaulting on payment, and shipping them for resale, Natour was convicted of four counts of interstate transportation of stolen property, 18 U.S.C. 2314. At sentencing, the district court attributed to him a loss amount of approximately $292,000 and determined that he was “in the business of receiving and selling stolen property,” U.S.S.G. 2B1.1(b)(4), resulting in a 14-level increase to the base offense level under the Guidelines. The district court sentenced Natour to 28 months’ imprisonment on all counts, to run concurrently, followed by three years of supervised release, and ordered restitution in the amount of $104,742.16. The Seventh Circuit affirmed, first rejecting a claim that the conviction violated the Grand Jury Clause. The terms used in 18 U.S.C. 2314 are not of a wholly independent character, and the offense conduct proved at trial and stated in the jury instructions were within the charges approved by the grand jury. The court properly applied the Sentencing Guidelines to. Natour as a person in the business of receiving and selling stolen property and the court used both an acceptable method and evidence-based mathematical figures in arriving at a loss calculation.
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