United States v. Kirkpatrick

United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS August 17, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-40264
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TRAVIS EUGENE KIRKPATRICK,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. V-03-CR-64-ALL
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
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.
*
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this opinion should not be published and is not precedent except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.
No. 04-40264
-2-
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.