United States Tenth Circuit

Defendant's sentence for possessing a counterfeit access device is vacated, where the District Court lacked an evidentiary basis for calculating the number of victims and the amount of the loss caused by Defendant's conduct, and in turn applying enhancements based on those calculations.

Appellate Information

• Decided 05/27/2009
• Published 05/27/2009

Judges

• BRISCOE, Circuit Judge., Before KELLY, BRISCOE, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Robert A. Ridenour, Assistant Federal Public Defender (Julia L. O'Connell, Federal Public Defender;  Barry L. Derryberry, Research & Writing Specialist, with him on the brief), Office of the Federal Public Defender, Tulsa, OK, for Defendant-Appellant., Christopher J. Wilson, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, with him on the brief), Muskogee, OK, for Plaintiff-Appellee.