United States v. Robert Fine, Aka: Anosh Toufigh, Aka: Jacob Maarse, Aka: Jack Patterson

Fine appeals his sentence of 50 months. We affirm in part, reverse in part, vacate the sentence and remand to the district court for resentencing.

I

Appellant was charged in a multi-count indictment with a mail fraud scheme. According to the indictment, appellant engaged in four distinct fraudulent transactions in which he assumed the identities of various landowners and used their property as collateral to obtain loan proceeds. Appellant pled guilty to one count of mail fraud and one count of use of a fictitious name. These counts referred to an August 7, 1989 transaction in which appellant represented himself as a certain Anosh To-ufigh and used property belonging to To-ufigh as collateral without the owner’s knowledge to receive $113,550.54. In return for appellant’s guilty plea, the government agreed to drop the other counts which referred to similar transactions that occurred on different dates.

The Sentencing Guidelines provide for a base offense level of 6 for offenses involving fraud. See U.S.S.G. § 2Fl.l(a). The Guidelines require that this base offense level be enhanced proportionately to the amount of the actual or intended monetary loss. See § 2Fl.l(b). If the…