United States v. Washington

Defendant pled guilty to conspiring with others to traffic in unauthorized credit card numbers with the intent to defraud, using and trafficking unauthorized credit card numbers with the intent to defraud, possessing 15 or more unauthorized credit card numbers with the intent to defraud, and possessing a re-encoding machine with the intent to defraud. At issue was whether the government presented sufficient evidence that 250 or more persons or entities were victimized by the fraud scheme in which defendant participated. Because the government failed to put on any evidence that there were more than 250 or more victims, the court vacated defendant's sentence and remanded for the district court to resentence defendant with a 2-level enhancement under U.S.S.G. 2B1.1(b)(2)(A) rather than a 6-level enhancement under U.S.S.G. 2B1.1(b)(2)(C). View "United States v. Washington" on Justia Law