'Intended Loss' Means ... Intended Loss

Law360, New York (November 7, 2011, 12:39 PM EST) -- General George S. Patton is generally credited with the immortal lesson: “Say what you mean and mean what you say.” Recently, the Tenth Circuit embraced Patton’s advice and applied it to the U.S. Sentencing Guidelines definition of loss amount for economic crimes.

In United States v. Manatau, the Tenth Circuit held that in determining loss under § 2B1.1, which defines “loss” as “the greater of actual loss or intended loss” (U.S.S.G. § 2B1.1, comment (n.3)), “intended loss” means ... wait for it ... the loss the...
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