United States Ninth Circuit

A sentence enhanced for loss exceeding $200,000 from the use of expired credit card numbers is vacated and the case remanded, where: 1) for purposes of access device fraud under 18 USC section 1029, unauthorized "access devices" must be usable; and 2) the government did not provide any evidence of usability of the expired credit card numbers.

Appellate Information

• Decided 04/04/2012
• Published 04/04/2012

Judges

• Zouhary

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Hassan Gorguinpour, Amanda Miller Bettinelli