United States v. Sandoval, No. 10-1219 (7th Cir. 2011)
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Defendant and coconspirators stole clientele books from department stores and used personal information, including credit card numbers, to order merchandise, which was intercepted and sold or returned. She pleaded guilty to conspiracy to commit access device fraud, 18 U.S.C. 1029(b)(2), attempted possession of access devices, id. 1029(a)(3), and aggravated identity theft, id. 1028A(a)(1) (Count III). The district court calculated a four-level increase in her offense level because her crime had more than 50 victims, resulting in a guidelines range of 120-150 months. The court imposed a sentence of 120 months on Counts I and II (to run concurrently) and a consecutive 24-month sentence on Count III as required by 18 U.S.C. 1028A(b). The Seventh Circuit affirmed. Because the court sentenced defendant using the November 2009 guidelines, it included in the count of victims 40 stores and credit card companies that sustained actual loss as well as 65 victims whose credit cards were used, regardless of monetary loss. The court acted within its discretion in rejecting her argument that there was no evidence that cardholders were actually harmed or expended significant time or effort cancelling their credit cards and that the guidelines resulted in a sentence that was greater than necessary.
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