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U.S. v. TOMASINO

No. 99-2796.

206 F.3d 739 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Michael J. TOMASINO, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 15, 2000.

Attorney(s) appearing for the Case

Sean M. Berkowitz (argued), Office of the United States Attorney, Criminal Appeals Division, Chicago, IL, for Plaintiff-Appellant.

Sergio F. Rodriguez (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellee.

Before POSNER, Chief Judge, and EASTERBROOK and RIPPLE, Circuit Judges.

POSNER, Chief Judge.

The government appeals from the district court's refusal (reported at 57 F.Supp.2d 565 (N.D.Ill.1999)) to enhance the defendant's mail fraud sentence under U.S.S.G. § 2F1.1(b)(7)(B), which provides for a 4-level increase in sentence if the fraud "affected a financial institution and the defendant derived more than $1,000,000 in gross receipts from the offense." The appeal confronts us with the question...

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