United States DC Circuit

Sentence for possession of false document-making implements is affirmed in part where the district court did not err in applying a sophisticated means enhancement since the record supported the district court's conclusion that defendant used sophisticated means to conceal his offense, but vacated and remanded in part where the district court erred by including within defendant's relevant conduct a bank fraud the government failed to show had the requisite connection to defendant's offense.

Appellate Information

• Argued 10/21/2008
• Decided 02/10/2009
• Published 02/10/2009

Judges

• Before GRIFFITH, Circuit Judge, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Carlos J. Vanegas, Assistant Federal Public Defender, argued the cause for appellant.   With him on the briefs was A.J. Kramer, Federal Public Defender.


• For Appellees:
  
• Steven E. Swaney, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese III, Mary B. McCord, and Virginia Cheatham, Assistant U.S. Attorneys.