No. 21-5272

Gary Todd Smith v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-08-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-sentencing fraud fraudulent-investment-scheme investment-scheme loss-amount loss-calculation loss-to-losing-victims sentencing-guidelines uniformity
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

When determining the United States Sentencing Guidelines loss amount attributable to a defendant in a case involving a fraudulent investment scheme, should the sentencing court employ the 'loss to losing victims' method that accounts for the aggregate total losses of individual victims?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. When determining the United States Sentencing Guidelines loss amount attributable to a defendant in a case involving a fraudulent investment scheme, should the sentencing court employ the “loss to losing victims” method that accounts for the aggregate total losses of individual victims? ii

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-16
Waiver of right of respondent United States of America to respond filed.
2021-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 2, 2021)

Attorneys

Gary Todd Smith
Bjorn Erik BrunvandBrunvand, Wise P.A., Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent