U.S. v. ROTHMAN

No. 89-3896.

914 F.2d 708 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Martin ROTHMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 2, 1990.


Attorney(s) appearing for the Case

Ms. Roma A. Kent, Asst. Federal Public Defender, John T. Mulvehill, Federal Public Defender, New Orleans, La., for defendant-appellant.

Robert J. Boitmann, Robert M. Hamilton, Asst. U.S. Attys., John P. Volz, U.S. Atty., New Orleans, La., for plaintiff-appellee.

Before JONES, DUHÉ, and WIENER, Circuit Judges.


DUHÉ, Circuit Judge.

Defendant Martin Rothman contends that in determining his sentence, the district court erred by failing to apply the three-level reduction available to a conspirator arrested before the completion of the offense. Because we consider the degree of completion of the underlying offense, and not of the conspiracy itself, to be the relevant inquiry, we vacate the sentence and remand to the district court for resentencing.

Two co-defendants...

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