U.S. v. Popovski

Dist. Ct. did not err in sentencing defendant to 30-month term of incarceration on wire fraud charge arising out of scheme in which defendant obtained valid credit and debit card numbers and then used said numbers on blank cards, which were then used to withdraw money from automated teller machines. Dist. Ct. could properly attribute to defendant $131,000 as intended loss based on cards that defendant either used or intended to use in U.S. transactions, and Ct. of Appeals rejected defendant’s contention that Dist. Ct. erred in calculating intended loss, since it failed to make specific determination that each card used to calculate intended loss figure was demonstrably functional.