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U.S. v. LAUER

Nos. 97-3593, 97-3693.

148 F.3d 766 (1998)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. John D. LAUER, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 24, 1998.

Attorney(s) appearing for the Case

Edward G. Kohler (argued), Office of the United States Attorney, Criminal Division, Chicago, IL, for Plaintiff-Appellant.

Susan Getzendanner, Donna L. McDevitt (argued), Skadden, Arps, Slate, Meagher & Flom (Illinois), Chicago, IL, for Defendants-Appellants.

Before POSNER, Chief Judge, and BAUER and KANNE, Circuit Judges.

POSNER, Chief Judge.

The defendant pleaded guilty to mail fraud and related offenses and was sentenced to 38 months in prison. Both sides appeal. The government claims that the judge should have raised Lauer's offense level by four levels because he defrauded a financial institution; Lauer claims that the judge should have found that the loss from the fraud did not exceed $20 million and should therefore have set the offense level one level down. We take up the defendant...

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