Filed: Mar. 23, 1998
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-3589 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Western District of Missouri. * Wendell Jeter, * [UNPUBLISHED] * Appellant. * * _ Submitted: February 3, 1998 Filed: March 23, 1998 _ Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges. _ PER CURIAM. Wendell Jeter pleaded guilty to fraudulently concealing two promissory notes in his Chapter 7 bankruptcy petition, in violation
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-3589 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Western District of Missouri. * Wendell Jeter, * [UNPUBLISHED] * Appellant. * * _ Submitted: February 3, 1998 Filed: March 23, 1998 _ Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges. _ PER CURIAM. Wendell Jeter pleaded guilty to fraudulently concealing two promissory notes in his Chapter 7 bankruptcy petition, in violation ..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 97-3589
___________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Western District of Missouri.
*
Wendell Jeter, * [UNPUBLISHED]
*
Appellant. *
*
___________
Submitted: February 3, 1998
Filed: March 23, 1998
___________
Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.
___________
PER CURIAM.
Wendell Jeter pleaded guilty to fraudulently concealing two promissory
notes in his Chapter 7 bankruptcy petition, in violation of 18 U.S.C. § 152.
The district court1 imposed a 12-month-and-1-day term of imprisonment and
a two-year supervised release term. Jeter challenges his sentence, arguing
that the district court erred in its
1
The Honorable Ortrie D. Smith, United States District Judge for the Western
District of Missouri.
determination of loss based on the value of the notes. Jeter contends that
the notes were valueless because the maker was insolvent.
Under the sentencing guidelines the amount of the loss should be
measured by fair market value. U.S.S.G. § 2B1.1. Although the district
court focused on the face value of the notes in determining loss, we
conclude after a review of the record as a whole that any error was harmless
because there was evidence to support the loss level used in sentencing and,
if the next lower loss level had been used, it would have resulted in the
same base offense level. See U.S.S.G. § 2F1.1.
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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