011497P.pdf   02/05/2002  United States  v.  Arthur Schuyler Ross
   U.S. Court of Appeals Case No:  01-1497
   District of Minnesota   
   Criminal case - Sentencing Guidelines. District court did not err in 
   adjusting the money laundering guidelines based on defendant's role 
   in underlying wire fraud count; while there was no adjustment error 
   under Section 3B1.1, using conduct from one group of counts to adjust 
   the offense level of another group of counts without thereafter grouping 
   all of the counts together is inconsistent; Section 3D1.2(c) requires money 
   laundering and fraud counts to be grouped together when a district court 
   relies solely on fraud conduct to adjust the money laundering guidelines; 
   however, here defendant received a shorter sentence than he would have 
   had the offenses been grouped, and he is not entitled to a remand for 
   resentencing since he was not prejudiced by the failure to group the 
   counts; even if Apprendi applies to restitution orders (an issue not 
   decided here), it would not limit restitution in a wire fraud case only 
   to those losses stemming directly from the wire transactions 
   submitted to the jury.