· 3/22/2004
United States v. Kevin P. Sensmeier and Neil E. Sensmeier
Citations
- 361 F.3d 982
- 2004 U.S. App. LEXIS 5337
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that defendants had the opportunity (but waived it) to present evidence of the value of property that the victimized business received as part of the scheme as a means of lowering the restitution amount
- noting that defendants had the opportunity (but waived it) to present evidence of the value of property that the victimized business received as part of the scheme as a means of lowering the restitution amount
- “[W]holly unsubstantiated statements are not enough to undermine, nor even question, the court’s acceptance of the government’s proof.”
- “Waiver is the intentional relinquishment or abandonment of a known right, representing the manifestation of an intentional choice[.]”
- “[W]hile we acknowledge that the burden is on the government to prove loss, the defendants’ wholly unsubstantiated statements are not enough to undermine, nor even question, the court’s acceptance of the government’s proof of loss.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Kanne, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.