Case Explained: UNITED STATES OF AMERICA v. THOMAS E. DUNCAN

Court: United States Court of Appeals for the Seventh Circuit Filed: 2026-08-06 The Seventh Circuit affirmed Thomas Duncan’s 84-month prison sentence for wire fraud, rejecting his challenges to two sentencing guideline enhancements: one for multiple bribes and another based on a loss calculation exceeding $1.5 million. The court applied de novo review to the district court’s legal interpretations of the U.S. Sentencing Guidelines and clear error review to its factual findings. Regarding the multiple bribe enhancement under U.S.S.G. § 2C1.1(b)(1), the court held that the district court did not clearly err in finding the scheme involved more than one bribe rather than a single stream of benefits, noting the fraud occurred over six years with inconsistent amounts and terms negotiated over time. On the loss calculation under U.S.S.G. § 2C1.1(b)(2) and § 2B1.1, the court affirmed that the district court acted within its discretion to attribute $1.7 million in losses to Duncan based on a “reasonable estimate” derived from circumstantial evidence and the pattern of the scheme, even absent written documentation linking Duncan to every specific order. Finally, the court ruled that any potential error regarding these enhancements was harmless because the district court explicitly stated it would have imposed the same 84-month sentence regardless of the guideline calculations, citing the duration of the fraud and breach of trust as independent grounds for the sentence. Consequently, the judgment is affirmed, and Duncan’s conviction and sentence remain in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.