Monday, July 21, 2014
Ind. Decisions - 7th Circuit decides one Indiana case today
In US v. Donella Locke (SD Ind., McKinney), a 15-page opinion, Judge Rovner writes:
In her second appeal before this court, Donella Locke asks us to reverse the district court’s judgment on sentencing, claiming that the lower court errantly calculated the amount of loss attributable to her conduct. Because Locke waived this issue, we decline to consider the matter and affirm, and in doing so revisit the factors that distinguish loss and restitution. * * *
Although it is true that the application notes to U.S.S.G. 2B1.1 instruct that loss amounts also should be offset by the collateral, the issue of loss had been waived. Had it not been waived, the district court could have considered the evidence about sale of the homes to determine the amount of offset of the collateral, but then the relevant conduct of the unconvicted counts would also have been fair game. Locke cannot argue that the court should have considered evidence to lower the amount of loss, but not to consider conduct that surely would have increased the amount of loss. That smacks of wanting to have one’s cake and eat it too.
Posted by Marcia Oddi on July 21, 2014 01:17 PM
Posted to Ind. (7th Cir.) Decisions