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.
- 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.