United States v. Ellis Morganfield
450 F. App'x 400
5th Cir.2011Background
- Morganfield was convicted of aiding and abetting bank fraud under 18 U.S.C. §§ 2, 1344.
- Following a remand, the district court sentenced Morganfield to 115 months’ imprisonment, five years of supervised release, and restitution of $387,405.87.
- He challenges the sentence on the loss calculation and challenges the restitution amount on the same basis.
- Morganfield was released from prison on May 24, 2011; his appeal is not moot because of ongoing supervised release and unsatisfied restitution.
- The PSR and FBI-based assessments estimated loss between $500,000 and $800,000; Morganfield failed to rebut or provide alternative figures.
- The Government supplemented the record with a detailed loss report; the district court relied on the PSR figures in calculating loss and restitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court clearly erred in calculating loss. | Morganfield argues loss calculation is unreliable and not in record. | Morganfield contends the FBI report is unsubstantiated and not in evidence. | No clear error; PSR-based loss finding upheld. |
| Whether the restitution award was an abuse of discretion given the loss finding. | Morganfield argues restitution is unsupported by the record. | Morganfield contends restitution tracks the loss figure without independent support. | Restitution affirmed, based on the same loss calculation. |
Key Cases Cited
- United States v. Sanders, 343 F.3d 511 (5th Cir. 2003) (loss calculation reviewed for clear error; plausibility standard)
- United States v. Scher, 601 F.3d 408 (5th Cir. 2010) (reliance on PSR information admissible if reliable; defendant bears rebuttal burden)
- United States v. Lares-Meraz, 452 F.3d 352 (5th Cir. 2006) (supervised release relevance to appeal mootness when restitution pending)