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What is actual loss pursuant to USSG § 2B1.1(b)(1)(G)

In every federal criminal indictment, trial, and sentencing after a plea or conviction, a defendant’s fate is guided by the actual financial loss the criminal acts caused. In United States v. Banks, — F.4th —- (Nov. 30, 2022), Frederick Banks was convicted of fraud. At sentencing, the federal judge applied the USSG § 2B1.1(b)(1)(G)’s enhancement for the intended fraud loss, not actual loss, because there was no actual monetary loss. Banks appealed and on November 30, 2022, the 3d Circuit court of appeal reversed his sentence.

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PA Constitution Requires a Warrant Before Police Search Your Car. Commonwealth v. Alexander December 22, 2020 (Merry Christmas)

In Pennsylvania, obtaining a warrant prior to searching a care is now the default rule. If an officer proceeds to conduct a warrantless search, a reviewing court will be required to determine whether exigent circumstances existed to justify the officer’s judgment that obtaining a warrant was not reasonably practicable.

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