Robinson

United States v. Robinson

Good Law
94 F.3d 1325·96 Daily Journal DAR 10838·1996 WL 497049·1996 U.S. App. LEXIS 23238·96 Cal. Daily Op. Serv. 6623
United States Court of Appeals for the Ninth CircuitSeptember 4, 1996Nos. 95-50577, 95-50580California2,314 words

Opinion

Lead Opinion

Thomas, J.

Sandra Robinson and Warren Giles pled guilty to criminal charges filed as a result of a government counterfeit credit card sting operation. They claim on appeal that because the sting operation precluded the possibility of actual pecuniary loss, the court erred by enhancing their sentences under U.S.S.G. § 2F1.1 for the loss they hoped, expected and intended to cause. We disagree and affirm.

FACTS AND PROCEDURAL HISTORY

In June of 1994, a confidential informant (“Cl”) advised the government that Robinson and Giles were manufacturing and selling counterfeit credit cards. In response, the government formulated a sting operation. On August 5,1994, the Cl met with Robinson and purchased seventeen counterfeit Discover credit cards for $950. Robinson said she wished to sell the Cl 2,000 counterfeit cards. On August 16, 1994, Robinson told the Cl that she and Giles were in the process of manufacturing the cards and demanded a $1,000 down payment. The Cl gave Robinson $900 on August 17,1994, in exchange for eight counterfeit cards. Over the next week and a half, the Cl and Robinson discussed the timing of the counterfeit card production in telephone conversations taped by the…

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