United States Eighth Circuit

Defendant's sentence for knowingly using unauthorized access devices, more specifically, for using fraudulent bar code labels to obtain goods at Wal-Mart stores at lower prices, is vacated where the district court erred in increasing defendant's offense level for production of an unauthorized access device under U.S.S.G. section 2B1.1(b)(10)(B)(i) because no evidence was presented that he produced the fraudulent bar code labels used in his scheme.

Appellate Information

• Decided 12/01/2009
• Published 12/01/2009

Judges

• PER CURIAM., Before WOLLMAN, RILEY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Steven B. Willibey, Kansas City, MO, for appellant.


• For Appellees:
  
• J. Daniel Stewart, Philip M. Koppe, Asst. U.S. Attys., Kansas City, MO (Matt J. Whitworth, Acting U.S. Atty., on the brief), for appellee.