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United States v. Knox

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ARGUED OCTOBER 9, 2009

Before POSNER, ROVNER, and WILLIAMS, Circuit Judges.

Gary Knox was the mastermind of an extensive real estate scheme using grossly inflated property appraisals and false loan applications. Using the fraudulent appraisals, Knox convinced buyers to purchase properties at exorbitant prices and then duped lending institutions into extending mortgages based on the trumped up values. As a result, Knox was charged with and pleaded guilty to multiple counts of bank fraud, wire fraud, mail fraud, and money laundering. At sentencing, the district court applied several enhancements to Knox’s offense level based on Knox’s use of sophisticated means, having ten or more victims, receipt of more than $1 million from financial institutions, and role as organizer of a scheme involving five or more participants. On appeal, Knox challenges the district court’s application of these sentencing enhancements. He also attempts to challenge the district court’s loss calculation in a pro se supplemental brief. We find that the district court properly applied all of the enhancements and that Knox waived his argument as to the court’s loss calculation by making and then withdrawing the very same objection at the sentencing hearing. Therefore, we affirm Knox’s sentence.

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