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U.S. v. GIGGEY

Criminal No. 07-35-P-H.

501 F.Supp.2d 237 (2007)

UNITED STATES of America v. Timothy GIGGEY, Defendant.

United States District Court, D. Maine.

August 16, 2007.

Attorney(s) appearing for the Case

Darcie N. McElwee, Office of the U.S. Attorney, District of Maine, Portland, ME, for United States of America.

James S. Hewes, Portland, ME, for Defendant.

MEMORANDUM OF SENTENCING

HORNBY, District Judge.

Two issues justify writing an opinion in support of this arson sentencing. First, there is a difficult question concerning how to determine what amount of loss is reasonably foreseeable for arson of a building undergoing renovations, with higher insurance coverage than apparent market value. Second, the case highlights the deep and longstanding Circuit split over how to treat prior non-dwelling burglary convictions...

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