United States v. Collier, II

Defendant plead guilty to bankruptcy fraud and then appealed his 34 month sentence. The court agreed with the district court that defendant waived his argument that the district court procedurally erred when it enhanced his sentence under USSG 2B1.l(b)(E) based on the intended loss resulting from his improper collection of and attempted improper collection of repayment for filing fees from both his clients and the Chapter 13 Trustee. In this case, at sentencing, defendant forwent his previously raised challenge to the loss calculation when he repeatedly conceded that the eight-level increase for intended loss was appropriate. The court noted that, in any event, defendant would not prevail even if the court reviewed the district court’s sentencing decision for plain error. Accordingly, the court affirmed the judgment. View "United States v. Collier, II" on Justia Law