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In the Courts

By ALM Staff | Law Journal Newsletters |
August 16, 2003

United States v. Miller, No. 02-4078, 2003 WL 107766 (4th Cir. Jan. 14, 2003).

'Intended loss' under the Fraud and Deceit sentencing guideline is not limited by the amount of loss actually possible, or likely to occur, as a result of the defendant's conduct. So ruled the Fourth Circuit in United States v. Miller. In this case, Robert Miller, MD, appealed his prison sentence following his conviction for 22 counts of mail fraud in violation of 18 U.S.C. ' 1341 (West. 2000) for over-billing third-party insurers for services rendered in his medical practice. The Sentencing Guidelines used to sentence Miller direct courts to increase the offense level for defendants convicted of fraud commensurate with the amount of loss involved in the fraud. U.S.S.G. ' 2F1.1(b)(1).

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