United States v. Corbett

Defendant appealed her sentence imposed after she pleaded guilty to participation in an identity-fraud conspiracy. The Eleventh Circuit vacated defendant's sentence and held that the district court committed plain error in its application of the ten-or-more-victims enhancement under USSG 2B1.1 cmt. n.4(E) because, contrary to United States v. Hall, 704 F.3d 1317 (11th Cir. 2013), the district court counted as a victim any individual whose means of identification was stolen regardless of whether it was "used" as a means of identification. However, the district court did not plainly err in applying the loss amount enhancement. The court remanded for resentencing. View "United States v. Corbett" on Justia Law