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U.S. v. ARNAOUT

Nos. 03-3297, 03-3412.

431 F.3d 994 (2005)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Enaam M. ARNAOUT, also known as Abu Mahmoud, also known as Abdel Samia, also known as Abu Mahmoud Al Suri, also known as Abu Mahmoud Al Hamawi, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 2, 2005.

As Amended December 21, 2005.

Attorney(s) appearing for the Case

John C. Kocoras (argued), Office of the U.S. Atty., Chicago, IL, for Plaintiff-Appellee.

Jeffrey M. Brandt (argued), Robinson Law Offices, Cincinnati, OH, for Defendant-Appellant.

Before BAUER, ROVNER, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

Enaam Arnaout pled guilty to conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act ("RICO") in violation of 18 U.S.C. § 1962(d). On appeal, both the government and Arnaout challenge the sentence imposed by the district court. We find that the district court erred when it imposed an enhancement for an offense involving fifty or more victims pursuant to U.S.S.G. § 2B1.1(b)(2)(B) because there is insufficient...

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