U.S. v. Galbraith, No. 92-4103 (10th Cir.) (20 F.3d 1054) (February 17, 1994) (Judge Deanell R. Tacha)
Case held that defendant's base-offense level could not be enhanced based on intended loss, where as participant in undercover sting operation involving sale of stock to nonexistent pension fund, he was incapable of inflicting any loss.
Here the defendant argued that "because his offense was committed in response to an …
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