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United States v. Innarelli

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Before Torruella, Lynch, and Lipez, Circuit Judges.

Albert Innarelli pled guilty to and was convicted of sixty-seven counts of wire fraud and one count of conspiracy to launder money for his role in a “land-flipping” scheme in Springfield, Massachusetts. The district court imposed a within-the- Guidelines sentence of seventy-two months’ imprisonment, after determining that Innarelli had intended to defraud his victims out of between $2.5 million and $7 million; the court also ordered Innarelli to pay restitution to some of the banks and individuals he defrauded. On appeal, Innarelli argues that the district court erred in calculating the amount of intended loss for purposes of his sentence, and that it failed to adequately take into account several personal circumstances he claims justified a lower sentence; he also alleges error in the restitution order. The Government concedes that the loss calculation in the restitution order was erroneous. After thorough review of the parties’ arguments and the record, we affirm Innarelli’s sentence, but vacate the restitution order and remand with instructions that it be recalculated by the district court.

I. Background

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