Sammy Redi Araya v. United States
HabeasCorpus
Whether a sentencing court is required to verify actual or intended victim losses when applying a U.S. Sentencing Guidelines enhancement
QUESTION(S) PRESENTED I. Whether a sentencing court is required to verify actual or intended victim ‘Losses when applying a U.S. Sentencing Guidelines (!U.S.S.G.") §2Bl.1 Sentencing ‘enhancement, where.the validity of. the total :loss amount is undermined by the governments failure::toi present an actual loss amount; and, #f. so; what ‘ts the proper application for sentencing courts to verify thé calculation: of :victim losses? : ' IL. Whether the amount of "loss" attributed to a defendant who pleaded guilty in a fraud case remains the same for a defendant in a superseding indictment, who pleaded not guilty, and challenged that amount of loss -especially where the government has not proven that uncontested amount of victim losses. i.