(DOWNLOAD) "United States v. Johnson" by United States Court of Appeals for the Seventh Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: United States v. Johnson
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 07, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
KANNE, Circuit Judge. This case presents the question of how ""intended or probable loss"" should be calculated under Sentencing Guideline Section 2F1.1(b)(1) in a case of a fraudulently obtained loan. Jim Johnson was convicted of making false statements to a financial institution in order to obtain $52,000 in loans in violation of 18 U.S.C. § 1344 and of using a false social security number for purposes of obtaining a loan in violation of 42 U.S.C. § 408(g). Because the fraud was discovered before the loan proceeds were disbursed the financial institution incurred no actual loss. However, the district court found that Johnson intended to defraud the bank for the full amount of the loan and sentenced him accordingly. Johnson appeals, arguing that the court erred in calculating the amount of ""loss"" attributable to the fraudulent conduct.
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