United States Ninth Circuit

Defendant's sentence, arising from a scheme to defraud certain companies by posing as an executive of one of the companies in order to obtain valuable discs used in the manufacture of semiconductor chips, is affirmed where the district court properly determined that the "intended loss" of the scheme was the value of the twelve discs defendant originally sought to obtain, rather than the value of the four discs he thought he was receiving the day he was arrested. The court also rejects a claim that the district court should have applied an offense level reduction for a partially completed offense.

Appellate Information

• Argued 11/05/2007
• Decided 01/09/2008
• Published 01/09/2008

Judges

• Before:  SIDNEY R. THOMAS, RICHARD C. TALLMAN, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jerald W. Newton, Sedona, AZ, for the appellant.


• For Appellees:
  
• H.H. (Shashi) Kewalramani, Assistant United States Attorney, Oakland, CA, for the appellee.