US v. Njuh Fombe
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed
The Fourth Circuit affirmed Njuh Valentine Fombe’s convictions and 144-month total sentence for wire-fraud and money-laundering conspiracies and aggravated identity theft. The court held that it could include intended loss when calculating the Guidelines loss amount and that delegation of treatment details to the probation officer did not violate the non-delegation doctrine.
Circuit Split Identified
Legal Issue
Whether the term “loss” in USSG § 2B1.1(b)(1) includes intended loss in light of Kisor v. Wilkie or is limited to actual loss only.
Circuit Positions
Defer to Commentary—‘loss’ includes intended loss (greater of actual or intended).
Ordinary meaning controls—‘loss’ means actual loss only; intended loss excluded.
Conflict Summary
The Third Circuit, relying on Kisor, interprets “loss” to mean only actual pecuniary loss, rejecting deference to the commentary that adds intended loss; the Fourth Circuit continues to defer to the commentary and counts intended loss when calculating the offense level.