United States v. Wilkinson, 986 F.3d 740 (7th Cir. 2021). The 4-level enhancement at §2B1.1(b)(20) for “commodity pool operator[s]” who violate commodities law applied to the defendant. The guidelines commentary defines the term by reference to the Commodity Exchange Act. The defendant does not need to trade futures to qualify as a commodity pool operator; soliciting funds for the purpose of trading commodities is enough.
United States v. Lundberg, 990 F.3d 1087 (7th Cir. 2021). The 2-level sophisticated means enhancement at §2B1.1(b)(10)(C) applied to a wire fraud defendant whose “doctoring of another person’s tax forms to support a lease application for a home paid for with the victim’s money obviously [went] above and beyond the activity inherent in wire fraud.”