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Inadequate Explanation of Loss Calculations Require Resentencing

By Jonathan Byrne

US v. Wilkinson: Wilkinson pleaded guilty to conspiracy to defraud the US, mail fraud, and conspiracy to steal trade secrets stemming from a scheme in which he acquired confidential bid information from his company's competitor (via a bribe from someone in that company) in order to secure contracts with the Defense Energy Support Center (DESC). At sentencing, the parties disagreed as to the amount of loss that should be used to calculate Wilkinson's advisory Guideline range and whether DESC had suffered any actual loss that would require Wilkinson to pay restitution. Ultimately, the district court adopted a Guideline loss calculation that left the advisory range at 12 to 18 months (versus 51 to 63 months in the PSR), sentenced Wilkinson to three years of probation, plus a fine an restitution to another victim not at issue in the appeal...continue to full post

Full post as published by Fourth Circuit Blog on January 11, 2010 (boomark / email).