United States v. Brian C. McGarr

MELLOY, Circuit Judge.

Defendant-Appellant Brian McGarr appeals the district court’s 2 refusal to apply a three level reduction in the calculation of his offense level for an uncompleted conspiracy. See U.S.S.G. § 2Xl.l(b)(2). We affirm.

I

McGarr was an Independence, Missouri police officer. He came under investigation by the FBI after it was learned that he solicited assistance and information to aid in the theft of drugs and/or money from drug dealers. Through a cooperating witness, authorities informed McGarr of the location of a parked car that contained drug proceeds. After receiving this…