United States v. Brandriet, No. 16-1217 (8th Cir. 2016)
Annotate this CaseDefendant pleaded guilty to one count of mail fraud and then challenged the district court's application of a two-level sentencing enhancement. The court agreed that the direct evidence of the details of how defendant's theft resulted in the victim's substantial financial hardship are, on this record, thin, and that the district court relied on some degree on inference to make such a finding. However, the court concluded that it was not clear error for the district court to have done so. Accordingly, the court upheld the substantial financial hardship enhancement under USSG 2B1.1.
Court Description: Per Curiam - Before Murphy, Beam and Gruender, Circuit Judges] Criminal case - Sentencing. No error in imposing a two-level enhancement under Guidelines Sec. 2B1.1 as defendant's offense resulted in substantial financial hardship to the victim of his fraud.
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