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United States Third Circuit

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US v. KUSHNER, 01-3549

Even when a defendant's intent changes as he withdraws from a conspiracy, the loss calculation that should be considered for sentencing under U.S.S.G. section 2F1.1(b)(1) remains the loss that defendant intended during his active participation in the conspiracy.

Appellate Information

  • Argued 05/02/2002
  • Decided 09/24/2002
  • Published 09/25/2002


  • Before ROTH and STAPLETON, Circuit Judges, and POLLAK, District Judge.


  • United States Third Circuit


  • For Appellant:
  • Stephen F. Capone (Argued), Stephen F. Capone & Associates, Pittsburgh, for the Appellant.

  • For Appellees:
  • James H. Love (Argued), Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, for the Appellees.
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