United States v. Alphas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the face value of fraudulent insurance claims may be offset by legitimate claims
• holding the \possibility . . . enough to preclude a finding that an error in calculating the [guideline range] is harmless\
• noting that the Guidelines use the amount of loss as a rough proxy for “the seriousness of the crime and the relative culpability of the offender” in determining a GSR
• explaining that “an appellate court may deem such an [alleged] error harmless if, after reviewing the entire record, it is sure that the error did not affect the sentence imposed”
• finding that where defend- ant’s claims are “demonstrably rife with fraud,” the burden of pro- duction shifts to defendant, “who must offer evidence to show (if possible) what amounts represent the legitimate claims”
• “[Rjesentencing is required if the error either affected or arguably affected the sentence.”

Source: CourtListener parenthetical corpus (CC0).