United States First Circuit

Sentence for conspiracy to commit access device fraud and aggravated identity theft is affirmed where: 1) the district court's properly applied the six-level multiple victim enhancement for more than 250 victims as the bank account holders who were reimbursed for their losses were still victims; 2) the court understood its discretion to depart from the sentencing guidelines, and imposed a sentence with that understanding in mind; and 3) the court did not err in imposing a mandatory two-year consecutive sentence for aggravated identity theft.

Appellate Information

• Decided 06/26/2009
• Published 06/26/2009

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, HANSEN, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Barry E. Shulman for appellant.


• For Appellees:
  
• Donald C. Lockhart, Assistant United States Attorney, with whom Robert Clark Corrente, United States Attorney, and Lee H. Vilker, Assistant United States Attorney, were on brief, for appellee.