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U.S. v. POPA

No. 15-11153 Summary Calendar.

835 F.3d 506 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Gabriel POPA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 24, 2016.

Attorney(s) appearing for the Case

Amanda R. Burch , Lubbock, TX, James Wesley Hendrix , Dallas, TX, Jay Stevenson Weimer , Fort Worth, TX, U.S. Attorney's Office, for Plaintiff-Appellee.

Brandon Elliott Beck , Lubbock, TX, Jason Douglas Hawkins , Dallas, TX, James Matthew Wright , Amarillo, TX, Federal Public Defender's Office, for Defendant-Appellant.

Before JOLLY, SMITH, and GRAVES, Circuit Judges.

Gabriel Popa appeals his sentence for attempting to fraudulently possess fifteen or more unauthorized access devices in violation of 18 U.S.C. § 1029(a)(3) and (b)(1). Popa contends that the district court erred in declining to apply a three-level attempt adjustment under U.S.S.G. § 2X1.1(b)(1). The court reasoned that Popa was not...

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