United States v. Burman

I join Parts I, II.A, and II.C of the opinion of the court, but for the reasons stated in United States v. Bastian, 603 F.3d 460, 467 (8th Cir.2010) (concurring opinion), I decline to join Part II.B. He who places an open box of treats in a common area of an office may be distributing treats, ante, at 1118, but USSG § 2G2.2(b)(3)(B) applies only where the defendant is engaged in a “transaction” that is conducted “for a thing of value.” Id. § 2G2.2, comment. (n.l); see United States v. Spriggs, 666 F.3d 1284, 1287 (11th Cir.2012); United States v. Rogers, 666 F.Supp.2d 148, 153-54 (D.Me.2009),…