Can't do the math until we know WHICH fraud the three counts relate to, then we would know the amount of money involved in that fraud. The total amount of loss is one component of calculating the offense level. You can't count the money lost in the dismissed counts.
The Feds will also move for a forfeiture order and that will be for the amount of loss under the counts he pled guilty to - not the dismissed counts. That should be in a pre-sentencing filing and then we'll know the loss amount.
We also need to know if the AUSA is going to add points for using a charitable organization in furtherance of a fraud. Also, we need his criminal record and prior sentences (number of months for each sentence), and whether the AUSA is going to ask that he be considered a habitual criminal or a career criminal. Those all go to the points/level calculation.
At the very lowest possible end, I figure 51-68 months without the other items. OTOH, it could easily wind up as much as 120+ months depending upon how the AUSA decides to argue the level points and criminal history.
He'll get a 2 point reduction for pleading guilty. I've got him at a MINIMUM of 21 points with a zone 3 or 4 criminal history - for 51-68 months minimum under the guidelines.
The AUSA may argue for an upward departure based on allegations by the jail staff of having video evidence of Jim faking medical conditions (ongoing deceptive behavior post-arrest), and his Shimoda-Atlantic misrepresentations and trial in 2006/2007 which while not resulting in convictions may be considered by the court as evidence of deceptiveness (claiming to be a Ph.D. and a medical doctor).
Jim will ask for a downward departure based on being a single parent to a minor child with no means of financial support. I doubt that will help him much. He'll also claim to be medically infirm, but the court is not likely to be receptive to that in view of the jailers' allegations of faking.
Needless to say, I'm hoping for something closer to the 120 months.
Of course the judge could sentence the three counts consecutively instead of concurrently - very unlikely - and put Jim away for 30 years.
AI
