Defendant’s bank and securities fraud sentence is vacated where, although the Dura Pharmaceuticals loss causation standard did not apply to criminal securities fraud, the district court applied an erroneous standard of proof in determining total loss for sentencing enhancement purposes.
Read US v. Berger, No. 08-50171
Appellate Information
Argued and Submitted June 1, 2009
Filed November 30, 2009
Judges
Opinion by Judge Smith
Counsel
For Appellant:
Paul J. Watford, Jacob S. Kreilkamp, and Alexandra Lang Susman, Munger, Tolles & Olson LLP, Los Angeles, CA
For Appellee:
Leon W. Weidman and Brent A. Whittlesey, Assistant United States Attorneys, Los Angeles, CA
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