United States Eighth Circuit

Sentence for conspiracy to commit credit card fraud and theft is reversed and remanded for resentencing where: 1) the district court did not err in applying a two-level enhancement under U.S.S.G sec. 2B1.1(b)(9)(A) for relocating a fraud scheme from another jurisdiction to avoid law enforcement; and 2) the court lacked a sufficient factual basis for imposing a vulnerable victim enhancement under U.S.S.G. sec. 3A1.1(b)(1), and thus improperly calculated defendant's offense level and advisory Guidelines sentencing range.

Appellate Information

• Decided 05/06/2009
• Published 05/06/2009

Judges

• SHEPHERD, Circuit Judge., Before RILEY, SMITH, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Cenobio Lozano, Jr., Harrisonville, MO, for appellant.


• For Appellees:
  
• John E. Cowles, Asst. U.S. Atty., Kansas City, MO (John F. Wood, U.S. Atty., on the brief), for appellee.