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U.S. v. BURRIDGE

No. 98-4077.

191 F.3d 1297 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. John Terry BURRIDGE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 14, 1999.

Attorney(s) appearing for the Case

C. Bevan Corry, Salt Lake City, Utah, for Defendant-Appellant.

Scott J. Thorley, Assistant United States Attorney (Paul Warner, United States Attorney, with him on the brief), Salt Lake City, Utah, for Plaintiff-Appellee.

Before ANDERSON, McWILLIAMS and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Appellant John Burridge brings to us for review his sentence for wire fraud under 18 U.S.C. § 1343. His appeal requires us to decide whether, in determining intended loss under U.S.S.G. § 2F1.1, a district court is required, as a matter of law, to exclude from the intended loss calculation all funds returned to a fraud victim. We conclude that it is not, and that the calculation of intended loss under U.S.S.G. § 2F1.1 incorporates...

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