United States V. Daniels

Harvey Daniels appeals his sentence following jury convictions on counts of conspiring to sell stolen bonds, in violation of 18 U.S.C. § 371; aiding and abetting in the distribution of stolen bonds, in violation of 18 U.S.C. § 2315; and possessing counterfeit money, in violation of 18 U.S.C. § 474. For the most part we reject Daniels' challenge to the district court's valuation of loss under U.S.S.G. section 2B1.1. However, we agree with Daniels that he was not an organizer or leader within the meaning of U.S.S.G. section 3B1.1. We vacate the sentence and remand for resentencing.