United States v. Herbert J. Rothberg, United States of America v. Herbert J. Rothberg

OPINION

WILKINS, Circuit Judge:

Herbert J. Rothberg was convicted of obtaining credit from a financial institution by fraudulent means, 18 U.S.C.A. § 1344(2) (West Supp.1991), and making a false statement on a loan application, 18 U.S.C.A. § 1014 (West Supp.1991). The Government appeals the refusal of the district court to enhance Rothberg’s offense level for the amount of loss. See United States Sentencing Commission, Guidelines Manual, § 2F1.1(b)(1) (Nov. 1990). Finding that the sentencing court erred in failing to determine the actual loss, we vacate Rothberg’s sentence and remand for…