United States Fifth Circuit

Defendants' sentences for bank fraud and conspiracy to traffic in or use unauthorized access devices are affirmed in part where: 1) the district court did not clearly err in calculating one defendant's intended loss as being equal to the credit limits of the credit cards she compromised; and 2) a defendant's sentence may be enhanced where his crime recklessly jeopardizes property, even if that property survives the crime intact. However, one defendant's sentence is vacated in part where the district court erred by enhancing his sentence four levels based on its finding that his offense had involved fifty or more victims, because only eight of the sixty-three financial institutions identified as victims by the district court suffered an actual loss.

Appellate Information

• Decided 02/09/2010
• Published 02/11/2010

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, DAVIS, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel