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In the Courts

By ALM Staff | Law Journal Newsletters |
November 28, 2005

Fifth Circuit Vacates Sentence for Unproven Enhancements, Improper Loss Calculations

In United States v. Olis, 2005 WL 2842077 (5th Cir. Oct. 31, 2005), the Fifth Circuit vacated the defendant's sentence as the sentencing enhancements had not been proven to the jury beyond a reasonable doubt. The court also criticized the method used to calculate the loss caused by the defendant's crime, and provided guidance on the proper calculation of loss in “cook the books” securities fraud cases.

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