Non-Guideline sentence vacated
A non-Guideline sentence must be based on factors particular to the defendant, rather than common to all or many defendants, the Seventh Circuit held.
Also, the policy of the Guidelines is that the sentence be computed based on intended loss, rather than actual loss.
Thus, the fact that the defendant was only able to appropriate a portion of the intended loss is an improper basis for a below-Guideline sentence.
Also, the policy of the Guidelines is that the sentence be computed based on intended loss, rather than actual loss.
Thus, the fact that the defendant was only able to appropriate a portion of the intended loss is an improper basis for a below-Guideline sentence.


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