United States v. Gary Cooper

Karen LeCraft Henderson, Circuit Judge:

*149 Gary Cooper (not that one) was convicted of five counts for his role in a scheme to steal from a labor union. Counts One and Two both charged conspiracy under 18 U.S.C. § 371 . Count One alleged a conspiracy to embezzle money from the union. Count Two alleged a conspiracy to pay off the union official who embezzled the money. At sentencing, the district court enhanced Cooper's offense level for Count Two-the count that dictated his overall offense level-under section 2E5.1(b)(1) of the United States Sentencing Guidelines (U.S.S.G. or Guidelines).…