United States v. Franklin v. Fennell

Hamilton, Circuit Judge.

*360 In federal criminal law, the amount of restitution for a fraud conviction depends on the victims' actual losses, regardless of whether the defendant intended larger losses. When imposing restitution, the district court must say enough about its loss calculation, under all the circumstances, to permit meaningful review. One mechanism for meeting those requirements is 18 U.S.C. § 3664 (a), which permits the court to order a detailed accounting by a probation officer.

Here, the evidence at Franklin Fennell's trial showed an actual loss amount of $110,600 in kickbacks that…