Indiana Man’s 18-Month Fraud Sentence Upheld by Seventh Circuit

A man convicted of wire fraud after he gambled away $310,000 that he was supposed to invest in Indiana gas stations lost an appeal challenging his 18-month prison sentence.

The district court correctly deferred to US Sentencing Guidelines commentary in ascertaining the victim’s loss, the US Court of Appeals for the Seventh Circuit said.

There is a circuit split over the appropriate level of deference to be given to the US Sentencing Commission’s commentary to the sentencing guidelines. Some courts apply so-called Stinson deference, while others apply the less deferential standard articulated in Kisor v. Wilkie.

Although the Seventh ...