United States Tenth Circuit

Neither account numbers printed on counterfeit checks, nor counterfeit checks themselves, can be considered access devices for purposes of U.S.S.G. section 2B1.1(b)(10). A sentence for uttering a counterfeit check with the intent to deceive an organization is reversed and remanded where the district court erred in imposing a six-level enhancement pursuant to section 2B1.1(b)(10) as defendant's conduct did not involve the use or possession of access device-making equipment, nor did it involve trafficking in or producing access devices.

Appellate Information

• Decided 03/03/2008
• Published 03/04/2008

Judges

• McKAY, Circuit Judge., Before BRISCOE, McKAY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: 


• For Appellees:
  
• Terry L. Weber, Tulsa, OK, for Defendant-Appellant., Sheldon J. Sperling, United States Attorney, and Ryan M. Roberts, Assistant United States Attorney, Muskogee, OK, for Plaintiff-Appellee.