United States v. Gabriel Popa

Gabriel Popa appeals his sentence for attempting to fraudulently possess fifteen or more unauthorized access devices in violation of 18 U.S.C. § 1029(a)(3) and (b)(1). Popa contends that the district court erred in declining to apply a three-level attempt adjustment under U.S.S.G. § 2Xl.l(b)(l). The court reasoned that Popa was not entitled to the adjustment based on its factual finding that he had been about to complete all acts necessary for the successful completion of the substantive offense when he was apprehended. See § 2Xl.l(b)(l).

Without challenging that factual finding, Popa asserts…