Summary of Expert Scope and Results
Reviewed the Presentence Investigation Report as provided for by the U.S. Sentencing Guidelines 26 (USSG) §2B1.1 standard, using U.S. Sentencing Commission (USSC) methods and my specialized knowledge, training, education, and experience.
Explain inadequacies in the data sample size statistical model and methodology, including extrapolation and intended loss vs. actual loss. The Government used the intended loss standard, which resulted in an increase in the level for sentencing guidelines from six to thirty. As a result, the lower court initially imposed a 97-month sentence, which was appealed.
The attorney for the Defendant-Appellant, Michael Mirando, made the following arguments, among others, in his brief: