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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.