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172688P.pdf   11/20/2018  United States  v.  Bryan Binkholder
   U.S. Court of Appeals Case No:  17-2688
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Kelly, Author, with Wollman and Erickson, Circuit Judges] 
   Criminal Case - sentencing. On remand from this court, district court 
   concluded M.U. was victim under Guidelines sec. 2B1.1 because M.U. 
   sustained a monetary loss because of the defendant's scheme; the district 
   court's findings are not clearly erroneous and support the conclusion M.U. 
   was a victim under the Guidelines. Binkholder's challenge to the 
   constitutionality of 18 U.S.C. sec. 3742(g)(1), which applies the same 
   version of the Guidelines on remand as was in effect on the date of the 
   original sentence accomplishes a rational goal and is not 
   unconstitutional. Binkholder may not raise two new issues in this appeal 
   arising from his original sentencing.