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U.S. v. DADDONA

Nos. 93-7338, 93-7682, 93-7683, 93-7725 and 93-7351.

34 F.3d 163 (1994)

UNITED STATES of America, Appellee, v. John L. "Jack" DADDONA, Appellant in Nos. 93-7338, 93-7683, and 93-7725. United States of America v. Sidney Cohen, Appellant in Nos. 93-7351 and 93-7682.

United States Court of Appeals, Third Circuit.

Decided August 17, 1994.

Order Amending Caption September 29, 1994.

Attorney(s) appearing for the Case

David Barasch, U.S. Atty. and Kim Douglas Daniel (argued), Asst. U.S. Atty., Harrisburg, PA, for appellee.

James G. Wiles (argued), Law Offices of James G. Wiles, Philadelphia, PA and James L. Heidecker, Jr., Allentown, PA, for appellant Daddona.

Francis Recchuiti (argued), Vangrossi & Recchuiti, Norristown, PA, for appellant Cohen.

Before: BECKER, LEWIS, Circuit Judges, and IRENAS, District Judge.

OPINION OF THE COURT

IRENAS, District Judge.

Appellants were convicted of various counts of fraud stemming from their attempts to disclaim performance and payment bonds issued in connection with a construction project. Pursuant to U.S.S.G. § 2F1.1(b), the trial court determined the amount of loss for sentencing purposes to be in excess of $1,500,000, most of which represented the mortgagee's cost to complete the project after taking it over from the...

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