US v. Flores-Seda, No. 03-2182 denies a Booker remand (because he couldn't show that he was harmed) and finds that the District Court calculated the loss (as being greater than $500,000) involved in this fraud case because “the court relied on an estimate by a representative of Flores's victims of the losses* * *” including the assertion that the losses were “attributable directly to the participation by Mr. Flores [and others]” and he didn't offer any evidence to the contrary (or even cross-examine that witness.
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