Sentence Based on Intended Loss Commentary Upheld by 7th Circuit

A fraudster lost an appeal challenging his 100-month prison sentence after the Seventh Circuit said the district court properly relied on the amount of money he intended to steal in calculating his guidelines sentence.

The US Sentencing Guidelines increase a defendant’s guidelines range based on the amount of “loss” involved. While the guideline itself doesn’t define loss, commentary to the guidelines instructs courts to consider the greater of actual or intended loss.

Olalekan Jacob Ponle, who pleaded guilty to one count of wire fraud, argued that the district court erred in relying on commentary to interpret the guideline. Citing Kisor ...