United States Eighth Circuit

Conviction and sentence for aggravated identity theft is affirmed over defendant's claims that: 1) the statute of conviction does not cover theft of a deceased person's identity; 2) the district court miscalculated the amount of loss involved; 3) the district court improperly applied a three level upward departure for substantial nonpecuniary harm based on emotional and psychological harm to defrauded victims; and 4) the sentence was unreasonable.

Appellate Information

• Decided 05/29/2008
• Published 05/29/2008

Judges

• MURPHY, Circuit Judge., Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Webb L. Wassmer, argued, Cedar Rapids, IA, for appellant.


• For Appellees:
  
• Peter E. Deegan, AUSA, argued, Cedar Rapids, IA, for appellee.