Opinion

United States v. Nicholas J. Triana, Jr.

  • 468 F.3d 308
  • 2006 U.S. App. LEXIS 27158
  • 2006 WL 3093836
Court
Court of Appeals for the Sixth Circuit
Filed
Nov 2, 2006
Status
Published
Author
Ryan
On the bench
Martin, Ryan, Marbley
Cited by
76 cases
Authority
More cited than 26.3%

stating that “[i]n situations where the losses occasioned by financial frauds are not easy to quantify, the district court need only make a reasonable estimate of the loss, given the available information”

How later courts described this case

  • stating that “[i]n situations where the losses occasioned by financial frauds are not easy to quantify, the district court need only make a reasonable estimate of the loss, given the available information”
  • explaining that this precept rings true for “situations where the losses occasioned by financial frauds are not easy to quantify”
  • noting that the defense of entrapment by-estoppel applies “when' an. official tells a defendant that certain conduct is legal and the defendant believes that official to his detriment”
  • “The Guideline enhances a defendant’s sentence to correlate to the amount of loss caused [by] his fraud.”

Written by the judges who cited it.

Distinguished

  • Distinguished by United States v. White, 492 F.3d 380 (2007)

    However, because the facts underlying the defendant’s fraud conviction in Triana are readily distinguishable from the instant case, Triana cannot be taken for the proposition that the total amount paid by the Medicare program necessarily constitutes the loss amount for sentencing purposes.
    Court of Appeals for the Sixth CircuitJun 11, 2007Read it

The opinion

RYAN, Circuit Judge,

concurring.

I concur in my brother’s opinion, except with respect to part II.C. The government concedes that, even under plain error review, this case should be remanded for resentencing pursuant to United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and we agree. Therefore, I do not think it is necessary to address whether Triana’s objections at sentencing preserved his claim that the district court’s fact finding, which resulted in an enhanced sentence under the mandatory guidelines, violated Triana’s constitutional rights under the Sixth Amendment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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