U.S. v. ROSTOFF

No. 93-1376.

53 F.3d 398 (1995)

UNITED STATES of America, Appellant, v. Steven M. ROSTOFF, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 24, 1995.


Attorney(s) appearing for the Case

Peter A. Mullin, Asst. U.S. Atty., with whom Donald K. Stern, U.S. Atty., and Jonathan L. Kotlier, Asst. U.S. Atty., Boston, MA, were on brief, for the U.S.

Roger A. Cox, for defendant Steven M. Rostoff; Michael J. Traft, with whom Carney & Bassil, Boston, MA, was on brief, for defendant David Rostoff; Erica M. Foster, with whom Foster and Peterson, Danvers, MA, was on brief, for defendant James Harris; Thomas M. Hoopes, for defendant Dolores DiCologero; and William A. Brown, Boston, MA, for defendant Paul J. Bonaiuto.

Before TORRUELLA, Chief Judge, SELYA and STAHL, Circuit Judges.


SELYA, Circuit Judge.

In this case, the district court departed downward from the guideline sentencing range (GSR) as to each of five defendants on the theory that the harm attributed to them, measured by the amount of loss sustained by the victim, overstated the seriousness of the offense of conviction. The government now asks us to evaluate both the lawfulness of the downward departures and the propriety of the court's role-in-the-offense adjustments for two defendants...

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