United States v. Frisch, No. 12-1004 (8th Cir. 2013)
Annotate this CaseDefendant pleaded guilty to one count of concealment from the SSA in violation of 42 U.S.C. 408(a)(4). On appeal, defendant challenged his sentence. The court held that the district court did not procedurally err in accepting the government's intended loss calculation and defendant's sentence was well below the advisory Guidelines range. Because the district court did not procedurally err or abuse its discretion in sentencing defendant to 25 months' imprisonment, the court affirmed the judgment.
Court Description: Criminal case - Sentencing. When calculating intended loss, the appropriate inquiry is what the loss would have been if defendant had not been caught, and the district court did not err in including future Social Security payments defendant would have received in setting the amount of the intended loss; sentence, which was well below the bottom of the advisory guidelines range, was not an abuse of discretion or substantively unreasonable.
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