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U.S. v. SCHNEIDER

Nos. 90-2230, 90-2256.

930 F.2d 555 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Marlene Cox SCHNEIDER and Paul S. Schneider, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 16, 1991.

Attorney(s) appearing for the Case

Gerald M. Burke, Office of U.S. Atty., East St. Louis, Ill., for plaintiff-appellee.

Renee E. Schooley, Federal Public Defender, Office of Federal Public Defender, St. Louis, Mo., for defendant-appellant Marlene Cox Schneider.

Bruce H. Bornstein, Freedman & Bornstein, Chicago, Ill., for defendant-appellant Paul S. Schneider.

Before POSNER, FLAUM, and MANION, Circuit Judges.

POSNER, Circuit Judge.

This pair of criminal appeals presents an important question concerning the meaning of "loss" in the Sentencing Guidelines. The Guidelines for property crimes such as larceny and fraud make the punishment vary with the loss to the victim of the crime. §§ 2B1.1(b)(1) (larceny and closely related crimes such as embezzlement), 2F1.1(b)(1) (fraud). In the case of fraud, the loss need not be actual; it is enough if it is probable or intended...

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