Does the "offense of conviction" rule apply to a conspiracy to commit wire fraud?
MultiRegion, United States of America
The following excerpt is from United States v. Buchan, 19-50272 (9th Cir. 2021):
The "offense of conviction" rule is not limited to the extent of a conspiracy: it applies to all crimes, including wire fraud. In Valle, 940 F.3d at 480 n.8, we noted that the rule applies "where a defendant has been convicted . . . as a participant in a fraudulent scheme and the extent of the . . . fraudulent scheme is the basis of the enhanced sentence." See also United States v. Garro, 517 F.3d 1163, 1168-69.
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