Articles Posted in US Court of Appeals for the Eleventh Circuit

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The Eleventh Circuit affirmed in part defendant's 84-month sentence for identity theft and conspiracy to commit wire fraud. The court held that the loss amount of $165,500 from 331 debit and credit cards ($500 times 331) was properly attributed to defendant; a social security number qualifies as an "access device" under the definition in 18 U.S.C. 1029(e)(1) and for purposes of the Special Rules in the Sentencing Guidelines; and there was no error in including the loss amount of $500 for each of the "numerous" social security numbers shown on defendant's computer. The court remanded to the district court to address, and make fact findings about, the loss amount. On remand, both sides may submit additional evidence as to what types of personal information were found in the apartment. The evidence supported the district court's finding that defendant did not meet her burden of proving her minor role and the district court did not err when it denied defendant the benefit of an acceptance of responsibility reduction. However, the court remanded for additional factfinding as to the criminal history category points. View "United States v. Wright" on Justia Law