133217P.pdf   08/08/2014  United States  v.  Rodney Callaway
   U.S. Court of Appeals Case No:  13-3217
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Murphy, Author, with Colloton and Kelly, Circuit Judges] 
   Criminal Case - sentence. District court did not plainly err in 
   calculating the loss amount as the intended loss without credit for amount 
   repaid under the fraudulent scheme. The district court did not err in 
   applying a two-level vulnerable victim penalty, notwithstanding that the 
   vulnerable victim's sister represented her financial interests, as the 
   record shows the defendant knew of the unusual vulnerability. The district 
   court did not abuse its discretion in sentencing at the highest end of the 
   guidelines range, noting that the court weighed the section 3553(a) 
   factors. Noting the defendant's ability to earn relatively large sums of 
   money, the district court's imposition of a fine at the low end of the 
   fine range was not error.