Here are two more summary orders of interest.
In United States v. Nash, No. 08-0136 (2d Cir. July 29, 2009), a fraud prosecution, the court remanded the case for further record development on the question whether the “10 or more victims” enhancement should apply.
United States v. Zavala, No. 08-2727-cr (2d Cir. July 27, 2009), remanded the case for findings on whether an aggravating role enhancement was appropriate. The enhancement was based on the defendants’ supervising their daughter, but she was a minor for part of the time. “Specific findings” are necessary “as to acts constituting her participation in the parents’ offenses after she turned 18,” since a minor child is not a “participant” for the purposes of a role enhancement.