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U.S. v. THOMPSON

No. 94-3269.

40 F.3d 48 (1994)

UNITED STATES of America, v. Roscoe B. THOMPSON, a/k/a Rudolph Sinclair; Benjamin Garland, II, a/k/a James P. Morgan, Roscoe B. Thompson, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 14, 1994.

Attorney(s) appearing for the Case

Thomas S. White, Karen Sirianni Gerlach, Michael D. Bartko, Office of Federal Public Defender, Pittsburgh, PA, for appellant.

Frederick W. Thieman, Bonnie R. Schlueter, Michael L. Ivory, Office of U.S. Atty., Pittsburgh, PA, for appellee.

Before: STAPLETON, HUTCHINSON and GARTH, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) October 25, 1994.

OPINION OF THE COURT

GARTH, Circuit Judge:

The question we must answer on this appeal is whether a sentence for money laundering under § 2S1.1 of the Sentencing Guidelines should be based on the total value of the funds involved in that offense or should it be based on the actual loss sustained by the victims. We reject Thompson's "actual loss" argument which is based on the measurement...

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