United States Ninth Circuit

In an identity theft case challenging the level of sentencing enhancement imposed, the sentence is vacated and case remanded where: 1) a four level enhancement under U.S. Sentencing Guidelines section 2B1.1(b)(2)(B) requires that victims sustain actual losses beyond immediate losses quickly covered by a third party; 2) the victims' monetary losses were covered by their respective banks; and 3) the government failed to provide adequate evidence of victim losses due to inconvenience in rectifying their accounts or due to not having their money in the time before their losses were covered.

Appellate Information

• Argued 02/04/2008
• Decided 09/23/2008
• Published 09/23/2008

Judges

• Before:  RAYMOND C. FISHER, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jonathan S. Solovy, Esq., Law Office of Jonathan S. Solovy, PLLC, Seattle, WA, for appellant Lam Thanh Pham.


• For Appellees:
  
• Jeffrey C. Sullivan and Patricia C. Lally, U.S. Attorney's Office, Seattle, WA, for appellee United States of America.