United States Fourth Circuit

Bribery sentence based on benefit to a third party, rather than benefit to the defendant, is appropriate under USSG 1B1.3(a)(1) because a court's determination of the amount of "benefit received" must be informed by the scope of defendant's activities as well as the reasonably foreseeable activities of persons acting jointly with him.

Appellate Information

• Decided 12/19/2000
• Published 12/19/2000

Judges

• Before NIEMEYER and TRAXLER, Circuit Judges, and STAMP, Chief United States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Martin Gregory Bahl, Federal Public Defender's Office, Baltimore, Maryland, for Appellant.  Rod J. Rosenstein, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.   ON BRIEF:  James Wyda, Federal Public Defender, Susan M. Bauer, Assistant Federal Public Defender, Barry J. Pollack, Assistant Federal Public Defender, Baltimore, Maryland, for Appellant.  Lynne A. Battaglia, United States Attorney, Jan Paul Miller, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.