United States v. Kirkpatrick, 104 F. App'x 438 (5th Cir. 2004). · Go Syfert
United States v. Kirkpatrick, 104 F. App'x 438 (5th Cir. 2004). Cases Citing This Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Travis Eugene KIRKPATRICK, Defendant-Appellant
04-40264.
Court of Appeals for the Fifth Circuit.
Aug 17, 2004.
Unpublished opinion
104 F. App'x 438
James Lee Turner, Assistant U.S. Attorney, Julia Bowen Stern, Assistant U.S. Attorney, Houston, TX, for Plaintiff-Ap-pellee., Vincent A Gonzalez, Corpus Christi, TX, for Defendant-Appellant.
Higginbotham, Davis, Pickering.
Unpublished
PER CURIAM: *

Travis Eugene Kirkpatrick appeals following his guilty-plea conviction of aiding and abetting possession of a counterfeited security with intent to deceive another person or organization. He argues that the district court erroneously calculated his sentence because he should have been held accountable only for the six checks that he cashed and the victims involved, rather than for all of the organization’s intended loss occurring after he joined it and for the victims of that loss.

The district court could fairly infer a joint undertaking whose scope encompassed the check-cashing activities of the other members of the organization from the fact that Kirkpatrick participated with the other members in selecting the cities and stores in which to cash the checks and the fact that he coordinated his check cashing with the other members. See United States v. Evbuomwan, 992 F.2d 70, 74 (5th Cir.1993); U.S.S.G. § 1B1.3, comment. (n.2). The cashing of checks by the other members of the organization was both in furtherance of the organization’s jointly undertaken criminal activity and reasonably foreseeable in connection with it. See U.S.S.G. § 1B1.3, comment, (n.2).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.