U.S. v. HOLBROOK

No. 06-11198.

499 F.3d 466 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Edward HOLBROOK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 5, 2007.


Attorney(s) appearing for the Case

Delonia Anita Watson, Fort Worth, TX, for U.S.

Franklyn Ray Mickelsen, Jr., Broden & Mickelsen, Dallas, TX, for Holbrook.

Before KING, GARZA and BENAVIDES, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

The appellant, Jerry Edward Holbrook ("Holbrook"), argues that the district court's application of United States Sentencing Guideline Manual ("U.S.S.G.") § 2B1.1 (2005) erroneously calculated the actual loss of his fraud scheme. We disagree and affirm the sentence of the district court.

I

The facts of the offense itself are not contested. Holbrook and his co-defendants, Shane Sharp ("Sharp") and Randy Throckmorton...

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