083052P.pdf   12/07/2009  United States  v.  Nelson Miller
   U.S. Court of Appeals Case No:  08-3052
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Shepherd, Author, with Riley and Benton, Circuit Judges]
   Criminal Case - sentence. Government appeals sentence of 1 year and one
   day imprisonment for conspiring to commit wire fraud and aiding and
   abetting wire fraud, and $40,000 fine. District court did not clearly err in
   finding no actual or intended foreclosure loss attributable to Miller. The
   government did not object to the PSR"s factual allegation that Miller did
   not intend foreclosure loss. Absent actual or intended loss, defendant's
   gain may not be substituted for the measure of loss. District court did not
   err in sustaining objection to enhancements involving more than ten
   victims or mass-marketing in light of lack of proof of actual loss and
   because crime was not committed through mass marketing. District court
   did not abuse its discretion in sentencing Miller.