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121004P.pdf   01/28/2013  United States  v.  Ralph Frisch
   U.S. Court of Appeals Case No:  12-1004
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Smith, Author, with Loken and Benton, Circuit Judges]
Criminal case - Sentencing. When calculating intended loss, the appropriate inquiry is what the loss would have been if defendant had not been caught, and the district court did not err in including future Social Security payments defendant would have received in setting the amount of the intended loss; sentence, which was well below the bottom of the advisory guidelines range, was not an abuse of discretion or substantively unreasonable.