U.S. v. Dosen

Dist. Ct. did not err in sentencing defendant to 30-month term of incarceration in conspiracy to commit robbery charge, under circumstances where defendant and others agreed to rob truck containing large amount of cash destined to purchase marijuana in California, but where defendant’s group failed to apprehend truck, after losing sight of truck in traffic while truck was on way to California. Although defendant argued that Dist. Ct. erred in refusing to reduce his base offense level under section 2X1.1(b)(2) of USSG because robbery did not come to fruition, Dist. Ct. properly denied defendant’s request for reduction in offense level, where defendant had completed all of preparations for commission of robbery, and where it could be assumed that robbery would have occurred, but for unforeseen event such as truck becoming lost in traffic. Result would be different if preparations for committing robbery had been interrupted.