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U.S. v. GOSS

No. 07-60699.

549 F.3d 1013 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Toby Wayne GOSS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 21, 2008.

Attorney(s) appearing for the Case

Gaines H. Cleveland, Asst. U.S. Atty. (argued), Gulfport, MS, Felicia Collette Adams, Jackson, MS, for U.S.

Kathryn Neal Nester (argued), Jackson, MS, for Goss.

Before BARKSDALE, BENAVIDES and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Having been convicted for mortgage-lending fraud, Toby Wayne Goss contests only the loss calculation used in determining his advisory guidelines sentencing range for his mortgage-fraud scheme. At issue is whether, when computing that range, the fair market value of the collateral for each of the home-mortgage loans involved in the scheme should have been credited against loss to the victim. Applying a bright-line rule, the district...

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