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U.S. v. KLISSER

No. 98-1642.

190 F.3d 34 (1999)

UNITED STATES of America, Appellee, v. Charles Henry KLISSER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 24, 1999.

Attorney(s) appearing for the Case

James H. Pasto, San Diego, CA, for Defendant-Appellant.

Bridget Rohde, Assistant United States Attorney for the Eastern District of New York (Zachary W. Carter, United States Attorney, and David C. James and David Hennessy, Assistant United States Attorneys, of counsel), for Appellee.

Before: CALABRESI, CABRANES, and SOTOMAYOR, Circuit Judges.

PER CURIAM.

This appeal presents the question of whether the offense-level calculation under United States Sentencing Guidelines § 2F1.11 may be based on intended loss even if no actual loss was possible because the defendant was caught in an undercover sting operation. Appellant Charles Henry Klisser urges us to adopt the interpretation of the United States Court of Appeals for the Tenth Circuit, which held in United States v...

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