Legal Opinion
United States v. Alphas
Court of Appeals for the First Circuit
Decided May 7, 2015No. 14-2228PublishedCited by 38 opinions
1Opinion of the Court
SELYA, Circuit Judge.
When a criminal defendant is convicted of a fraud offense, the Sentencing Commission has established amount of loss — generally the higher of actual or intended loss — as a rough proxy for determining the seriousness of the offense and the relative culpability of the offender. Although this concept is easily stated, its application often has vexed sentencing courts. As in so many other instances, the devil is in the details.
This appeal requires us to decide two issues of first impression in this circuit. The first involves the method for calculating the guideline…
2Cases cited36 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Williams v. United StatesSupreme Court of the United States · 1992
- Burrage v. United StatesSupreme Court of the United States · 2014
- United States v. RodriguezCourt of Appeals for the First Circuit · 2002
- United States v. JimenezCourt of Appeals for the Third Circuit · 2008
31 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- United States v. IwualaCourt of Appeals for the First Circuit · 2015
- United States v. Flete-GarciaCourt of Appeals for the First Circuit · 2019
- United States v. Padilla-GalarzaCourt of Appeals for the First Circuit · 2021
- United States v. SimonCourt of Appeals for the First Circuit · 2021
- United States v. HinkleyCourt of Appeals for the First Circuit · 2015
33 more not listed; retrieve them via the Exa API.