· 8/18/2000
United States v. Martin Geevers
Citations
- 226 F.3d 186
- 2000 U.S. App. LEXIS 20981
- 2000 WL 1171976
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that intended loss “does not equal the face value of the deposited checks as a matter of law.”
- stating that even “[a] reply brief is generally too late to raise a new issue under our jurisprudence”
- approving the use of the face value of worthless checks used in a “check kiting” scheme as the intended loss, despite acknowledging that a check kiter “will either abscond or be discovered before exhausting the kite”
- “It is clear that a district court errs when it simply equates potential loss with intended loss without deeper analysis.”
- \We think that a defendant who falsifies checks for large sums of money is more culpable than one who does so for lesser sums.\
- “[W]e join the majority of courts of appeals in holding that impossibility is not in and of itself a limit on the amount of intended loss for purposes of calculating sentences under the guidelines.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Becker, Nygaard, Garwood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.