United States v. Huynh

Huynh paid an employee of a California car dealership to give him customer identification and credit reporting information, which he used, with photographs of his co-conspirators, to obtain counterfeit driver’s licenses and credit cards. At jewelry stores in 16 states, Huynh’s co-conspirators used those documents to obtain credit to purchase luxury wristwatches with a total value of $815,553. Huynh sold the watches to a "fence." Huynh selected the jewelry stores, made all travel arrangements, and supplied the credit information. Huynh pleaded guilty to conspiracy to commit bank and wire fraud, 18 U.S.C. 1349. The parties stipulated to a 12-level increase in his sentencing base level for the amount of loss; a two-level increase for the number of victims; and a two-level increase because the scheme used an unlawfully produced means of identification, The government was permitted to seek a four-level enhancement for Huynh’s role as an “organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive.” The parties did not address a two-level enhancement for relocating “a fraudulent scheme to another jurisdiction to evade law enforcement.” The court adopted both enhancements. The Third Circuit affirmed Huynh’s 70-month sentence, rejecting an argument that the government breached the plea agreement and noting Huynh’s pattern of targeting stores at great distances from California and from one another, and specific efforts to evade detection. Huynh exercised significant “control over others in the commission of the offense.” View "United States v. Huynh" on Justia Law