181405P.pdf   06/28/2019  United States  v.  Thurlee Belfrey
   U.S. Court of Appeals Case No:  18-1405
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Kelly, Author, with Loken and Colloton, Circuit Judges] 
   Criminal case - Sentencing. Any error in calculating the amount of loss 
   caused by defendant's fraud was harmless as the district court specified 
   that resolution of the dispute did not affect the ultimate determination 
   of defendant's sentence; here, the court indicated that the use of either 
   the government's loss figure or defendant's would result in a Guidelines 
   range that was higher than the 96-month sentence it imposed, and, as a 
   result, any error in adopting the government's figure was harmless; no 
   error in imposing a four-level aggravating role enhancement under 
   Guidelines Sec. 3B1.1(a) as the criminal activity was "otherwise 
   extensive;" no error in imposing an enhancement under Guidelines Sec. 
   2B1.1(b)(9)(C) for violation of a prior, specific administrative order, 
   namely an order excluding defendant from participating in Medicare and 
   Medicaid programs, as imposition of the enhancement did not result in 
   double counting; no error in imposing a sophisticated-means enhancement 
   under Guidelines Sec. 2B1.1(b)(10)(C); sentence was not substantively 
   unreasonable.