Third Circuit - Economic Crimes

United States v. Kirschner , 995 F.3d 327 (3d Cir. 2021). In order to apply “intended loss” at §2B1.1(b)(1) the court “must conduct a ‘deeper analysis’ to make sure the defendant purposely sought to inflict each component of the losses” claimed by the government. Here, the government failed to carry its burden to justify a 22-level enhancement.

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