U.S. v. GEEVERS

No. 99-5155.

226 F.3d 186 (2000)

UNITED STATES of America, v. Martin GEEVERS, Appellant.

United States Court of Appeals, Third Circuit.

Filed August 18, 2000.


Attorney(s) appearing for the Case

Mark A. Berman, (Argued), Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, Counsel for Appellant.

Robert J. Cleary, United States Attorney, George S. Leone, (Argued), Assistant United States Attorney, Lewis S. Borinsky, Assistant United States Attorney, Newark, NJ, Counsel for Appellee.

Before BECKER, Chief Judge, NYGAARD and GARWOOD, Circuit Judges.


OPINION OF THE COURT

BECKER, Chief Judge.

The appeal of Martin Geevers, who pleaded guilty to one count of bank fraud arising out of a check kiting scheme, requires us to determine once again when application of the Sentencing Guidelines may result in the imposition of a sentence on the basis of intended loss when the actual loss was significantly less. Geevers argues that because a passer of worthless checks...

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