United States v. Burridge
Court of Appeals for the Tenth Circuit
1Opinion of the Court
LUCERO, Circuit Judge.
Appellant John Burridge brings to us for review his sentence for wire fraud under 18 U.S.C. § 1343. His appeal requires us to decide whether, in determining intended loss under U.S.S.G. § 2F1.1, a district court is required, as a matter of law, to exclude from the intended loss calculation all funds returned to a fraud victim. We conclude that it is not, and that the calculation of intended loss under U.S.S.G. § 2F1.1 incorporates a determination of the defendant’s intent, which is a question of fact for the sentencing court. We exercise jurisdiction pursuant to 28…
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