United States v. Bills (Lacey), No. 11-2404 (2d Cir. 2012)Annotate this Case
Defendants were convicted on charges stemming from their involvement in a fraudulent mortgage scheme. On appeal, defendants challenged their sentences and restitution orders. The court held that U.S.S.G. 2B1.1(b)(2)(A)(ii), which increased an offense by two levels if it was "committed through mass-marketing," applied only if the audience of the mass-marketing was in some sense victimized by the scheme. Because the record was unclear in this case, the court remanded for the district court to make additional findings. The court found no error, however, in the district court's calculation of loss amount for sentencing. Finally, the court agreed with the parties that the district court's restitution calculation was erroneous.