United States Second Circuit

Defendant's conviction and sentence of various fraud crimes, including three counts of aggravated identity theft in violation of 18 U.S.C. section 1028A are: 1) remanded in part, where, as here, the section 1028 A violations are part of the same scheme and involve the same victim, the Sentencing Guidelines provide that the sentences on those counts should generally run concurrently with each other when the underlying offenses are groupable under Guidelines section 3D1.2, but the district court, however, sentenced defendant to three consecutive terms on the section 1028A counts without mentioning that general rule or groupability; but 2) otherwise affirmed.

Appellate Information

• Decided 03/07/2014
• Published 03/07/2014

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel