loss-calculation
28 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6464 | Djonibek Rahmankulov v. United States | Second Circuit | 2025-12-31 | Pending | IFP | bank-fraud co-conspirator-liability constructive-amendment criminal-procedure loss-calculation sentencing-guidelines | Whether the district court erred in its loss calculation under the Sentencing Guidelines by including intended losses and losses attributed to alleged… |
| 24A764 | Rocco Americo Malanga v. United States | Third Circuit | 2025-02-06 | Presumed Complete | agency-rules constitutional-issue due-process loss-calculation pro-se sentencing-guidelines | Whether the Sentencing Guidelines' agency-created rules for loss calculation violate due process when applied without judicial deference | |
| 23-7823 | Jyoti Agrawal v. United States | Sixth Circuit | 2024-06-28 | Denied | Response WaivedIFP | actual-loss base-offense-level criminal-procedure criminal-sentencing fraud fraud-loss-calculation government-grant intended-loss loss-calculation sentencing-guidelines | Whether the entire amount of a government grant should be used to calculate the amount of loss under U.S.S.G. § 2B1.1, even where there was a benefit … |
| 23-7205 | Luke Joselin v. United States | Eleventh Circuit | 2024-04-11 | Denied | Response WaivedIFP | administrative-deference circuit-split fraud fraud-loss intended-loss kisor-v-wilkie loss-calculation sentencing-guidelines statutory-interpretation | Whether the Commentary to the Fraud Loss Table U.S.S.G. §2B1.1(b), Note 3(A) Defining Loss as Including 'Intended Loss,' Should Be Given Deference Aft… |
| 23-6757 | Bryan Alan Kennert v. United States | Sixth Circuit | 2024-02-15 | Dismissed | Response WaivedIFP | actual-loss deference economic-offenses guideline-interpretation intended-loss judicial-deference loss-calculation sentencing-commission sentencing-guidelines statutory-interpretation | Whether Application Note 3(A)(ii) to U.S.S.G. § 2B1.1 is an impermissible addition to and/or modification of this guideline that is outside of the aut… |
| 23-736 | Bernard Gadson v. United States | First Circuit | 2024-01-08 | Denied | Response Waived | administrative-law agency-deference criminal-sentencing due-process judicial-review loss-calculation sentencing-guidelines statutory-interpretation | Does deference to the Sentencing Commission's commentary to USSG § 2B1.1, cmt. n.3(A), expanding the meaning of 'loss' to include 'intended loss,' vio… |
| 23-6347 | Trayone Lefferio Bell v. United States | Eleventh Circuit | 2023-12-26 | Denied | Response WaivedIFP | actual-loss administrative-deference circuit-split federal-sentencing-guidelines fraud-guidelines intended-loss kisor-v-wilke loss-calculation sentencing-guidelines statutory-interpretation | Does the intended loss commentary to the fraud guidelines § 2B1.1(b)(1) violate this court's decision Kisor v. Wilke, 189 S.Ct. 2400 (2019) |
| 23A391 | Bernard Gadson v. United States | First Circuit | 2023-10-31 | Presumed Complete | administrative-law circuit-split kisor-deference loss-calculation plain-error sentencing-guidelines | Whether the Sentencing Guidelines' commentary defining 'loss' as intended loss, rather than actual loss, impermissibly conflicts with the plain text o… | |
| 22-7418 | Sammy Redi Araya v. United States | Fourth Circuit | 2023-05-01 | Denied | Response WaivedIFP | burden-of-proof criminal-fraud government-failure judicial-discretion loss-amount loss-calculation plea-bargaining sentencing-courts sentencing-guidelines victim-losses | Whether a sentencing court is required to verify actual or intended victim losses when applying a U.S. Sentencing Guidelines enhancement |
| 22-7379 | Igor Grushko v. United States | Eleventh Circuit | 2023-04-26 | Denied | Response WaivedIFP | 4th-amendment criminal-procedure fourth-amendment law-enforcement loss-calculation probable-cause reasonableness reasonableness-standard search-and-seizure search-warrant sentencing-guidelines | Whether the police entering a residence to execute a search warrant must possess probable cause that the person they are seeking is inside the residen… |
| 22-6627 | Kenneth Mobley v. United States | Sixth Circuit | 2023-01-26 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court-jurisdiction due-process jurisdiction loss-calculation restitution restitution-order sentencing-guidelines sentencing-reasonableness substantive-reasonableness | Was Mr. Mobley's sentence procedurally and substantively unreasonable |
| 21-7697 | Michael Mirando, aka Michael John Mirando v. United States | Ninth Circuit | 2022-04-26 | Denied | Response WaivedIFP | appeal appellate-review circuit-split criminal-procedure district-court loss-calculation sentencing-guidelines standard-of-review | What standard of review applies to an appeal challenging a district court's methodology for calculating the loss amount under Section 2B1.1 of the Uni… |
| 21-6710 | Prince Charles Nana Yaw Owusu Boateng v. United States | Fifth Circuit | 2021-12-22 | Denied | Response WaivedIFP | conspiracy count-of-conviction court-of-appeals criminal-restitution loss-calculation mandatory-victims-restitution-act pattern-of-criminal-activity restitution scheme sentencing | Whether a court can impose restitution beyond the loss resulting from the conduct related to the count of conviction under the Mandatory Victims Resti… |
| 21-6618 | Jamie Matsuba and Takaharo Thomas Matsuba v. United States | Ninth Circuit | 2021-12-15 | Denied | Response WaivedIFP | 27-year-old-opinion due-process judicial-interpretation legal-precedent loss-calculation mortgage-fraud rents-gained sentencing-guidelines | Whether a loss calculation determined using 'rents gained' in a mortgage fraud case violates due process |
| 21-5272 | Gary Todd Smith v. United States | Eleventh Circuit | 2021-08-03 | Denied | Response WaivedIFP | circuit-split criminal-sentencing fraud fraudulent-investment-scheme investment-scheme loss-amount loss-calculation loss-to-losing-victims sentencing-guidelines uniformity | When determining the United States Sentencing Guidelines loss amount attributable to a defendant in a case involving a fraudulent investment scheme, s… |
| 20-6255 | John Dubor v. United States | Fifth Circuit | 2020-11-09 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-circuit-review loss-calculation medicare-fraud restitution restitution-award sentencing-guidelines | Did the Fifth Circuit's cursory review of the district court's record lead to an illegal, unreasonable sentence |
| 20-214 | Akbar Ghaneh Fard v. United States | Eleventh Circuit | 2020-08-25 | Denied | Response Waived | bidding-practices contract-fraud cost-estimates cost-estimation fraud government-procurement loss-calculation procurement-programs restitution set-aside-program | Whether a government contractor's conservative bidding and reasonable overstatement of cost estimates in a competitive procurement program constitutes… |
| 19-8876 | Solomon Jalloh v. United States | Ninth Circuit | 2020-07-01 | Denied | Response WaivedIFP | apprendi apprendi-rule common-law common-law-tradition criminal-procedure criminal-sentencing jury-findings loss-calculation restitution sentencing | Whether under Apprendi, the maximum restitution that can be imposed without additional jury findings as to any amount of loss is zero, consistent with… |
| 19-1407 | Mercy O. Ainabe v. United States | Fifth Circuit | 2020-06-24 | Denied | Response Waived | corporate-entities health-care-claims health-care-fraud loss-calculation medicare medicare-fraud relevant-conduct sentencing-guidelines victim-definition | Whether Medicare beneficiaries are 'victims' for purposes of sentencing enhancements |
| 19-499 | Henry Posada v. United States | Seventh Circuit | 2019-10-18 | Denied | Response Waived | appeals-court-error appellate-review clear-error criminal-procedure district-court-error evidence government-evidence government-surveillance healthcare-billing loss-amount loss-calculation medical-fraud patient-records sentencing standard-of-review | Whether the court of appeals erred in determining that the district court did not clearly err in accepting the government's assertion that Mr. Posada … |
| 19-5757 | Fulvio Flete-Garcia v. United States | First Circuit | 2019-08-29 | Denied | Response WaivedIFP | aggravated-identity-theft conspiracy conversion-of-government-property evidentiary-hearing government-as-victim government-property identity-theft loss-calculation sentencing-enhancement sentencing-guidelines sentencing-guidelines-enhancement tax-fraud tax-fraud-conspiracy victim-enhancement | Whether the court may apply a two-level enhancement for crimes involving ten or more victims when the victim is the Government |
| 18A1302 | Mahmoud Aldissi, et ux. v. United States | Eleventh Circuit | 2019-06-13 | Presumed Complete | circuit-split criminal-law government-funding loss-calculation right-to-control wire-fraud | Whether a circuit split exists regarding the 'right to control' theory of wire fraud and loss calculation in cases involving government funding and un… | |
| 18-8996 | Zack Zafer Dyab v. United States | Eighth Circuit | 2019-04-25 | Denied | Response WaivedIFP | amount-of-loss appellate-review court-discretion criminal-sentencing illegal-sentence judicial-discretion legal-error loss-calculation plain-error sentencing sentencing-guidelines statutory-limitation statutory-limitations | Does the miscalculation of the amount of loss as applied to the sentencing guidelines represent an illegal sentence, and plain error that the Court sh… |
| 18-6995 | Ashley Owens v. United States | Fifth Circuit | 2018-12-11 | Denied | Response WaivedIFP | co-defendant co-defendant-disparity criminal-procedure due-process equal-protection loss-calculation plea-agreement sentencing | Did the Lower Courts violate the Due Process Clause when they sentenced Owens based on an unproven and inflated loss? |
| 18-6159 | Charlise Williams v. United States | Seventh Circuit | 2018-10-01 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure due-process evidence loss-calculation sentencing sixth-amendment victim-count | Was the Petitioners Sixth Amendment right, under the Confrontation Clause violated? |
| 18-5804 | Abdoulaye Diallo v. United States | Third Circuit | 2018-08-28 | Denied | Response WaivedIFP | criminal-procedure due-process evidence fraud indictment-delay insufficient-evidence loss-calculation motion-for-acquittal prosecutorial-misconduct reasonable-doubt sentencing snap-fraud statutory-interpretation sufficiency-of-evidence | Whether the District Court failed to grant Petitioner's motion for acquittal due to insufficient evidence of knowledge of fraudulent SNAP transactions |
| 18-5786 | Donell A. Thomas v. United States | Seventh Circuit | 2018-08-28 | Denied | Response WaivedRelisted (2)IFP | 2255-motion certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-calculation rule-59(e)-motion rule-59e section-2255-motion sentencing sixth-amendment sixth-amendment-rights strickland-standard strickland-v-washington | Did the Petitioner prove his claim of ineffective assistance of counsel and satisfy the Strickland test? |
| 18-5353 | Juanita L. Berry v. United States | Third Circuit | 2018-07-25 | Denied | Response WaivedIFP | civil-procedure court-of-appeals district-court due-process income-classification income-tax irs-regulations loans loss-calculation promissory-notes property-rights tax tax-evasion tax-law wire-fraud | Whether the Court of Appeals erred in affirming the District Court's legal holding that promissory notes between Berry and a vendor were income and no… |