United States v. Constantine

Summary

The Second Circuit affirmed a wire fraud sentence, holding that the district court's loss calculation under U.S.S.G. § 2B1.1 was reasonable and properly included a promissory note as relevant conduct under § 1B1.3. Any error in calculating loss from a fraudulently obtained vehicle lease was harmless because the district court stated it would impose the same sentence regardless. The court also upheld the assignment of two criminal history points under § 4A1.1(b) for a prior "time served" sentence of 339 days, which exceeded the 60-day threshold.

Holdings

1. The district court did not commit procedural error in its loss calculation; any error regarding the Chrysler lease was harmless.
2. The district court properly assigned the points because the sentence of time served exceeded the sixty-day threshold.

Questions Presented

1. Whether the district court erred in its loss calculation for the automobile leases and promissory note.
2. Whether the district court erred in assigning two criminal history points for a prior conviction for giving a false statement.

Disposition

affirmed