United States v. Crowe, No. 12-1405 (10th Cir. 2013)Annotate this Case
Defendant Vicki Dillard Crowe was convicted by a jury on eight counts of mail fraud, and eight counts of wire fraud for her participation in a mortgage fraud scheme. The district court sentenced defendant to sixty months' imprisonment and was ordered her to make restitution. Defendant appealed, arguing that the district court erred in calculating the amount of loss associated with her crimes for purposes of U.S.S.G. 2B1.1(b), and in denying her motion for new trial, which alleged ineffective assistance on the part of her trial counsel. Defendant's challenge to the district court's calculation of loss raised an issue of first impression for the Tenth Circuit: whether the concept of reasonable foreseeability applied to a district court’s calculation of the "credits against loss" under 2B1.1(b). The Court adopted the Second Circuit’s reasoning in "United States v. Turk," (626 F.3d 743 (2d Cir. 2010)), and held that the concept of reasonable foreseeability applies only to a district court's calculation of "actual loss" under 2B1.1(b), and not to its calculation of the "credits against loss." The Court affirmed defendant's sentence.