United States v. Meireles-Candel

In 2014, A.M. defrauded two banks and their customers, using skimming devices and PIN-pad overlays on ATMs. He was charged with 19 counts of bank fraud and aggravated identity theft, 18 U.S.C. 1028A and 1344. He pleaded guilty to only one count of each. A.M. objected to his guideline calculation for the bank-fraud conviction because it included a two-level enhancement for using “device-making equipment” to make counterfeit debit cards, U.S.S.G. 2B1.1(b)(11)(A)(i). He argued that his conviction for aggravated identity theft precluded that enhancement. The court disagreed but, because of A.M.’s cooperation, sentenced him to only 10 months’ imprisonment on that count. A.M. objected that the government had not also moved for a departure below the mandatory minimum sentence for his aggravated-identity-theft sentence. The court found that identity theft is an especially severe crime and sentenced A.M. to the mandatory minimum sentence of two years’ consecutive imprisonment. The Third Circuit affirmed. While device-making equipment can copy means of identification, it is not itself a means of identification, so the device-making enhancement was proper. The law empowers courts to depart below a statutory minimum only “[u]pon motion of the Government,” 18 U.S.C. 3553(e). The government made no such motion with respect to aggravated identity theft. View "United States v. Meireles-Candel" on Justia Law