Counterfeit checks and account numbers printed on them are not account access devices for purposes of enhancing sentence under USSG § 2B1.1
SENTENCING United States v. Tatum, No. 07-7053, ___ F.3d ___ (10th Cir. Mar. 3, 2008)(E.D. Oklahoma). Appeal of sentence for uttering a counterfeit check with the intent to deceive an organization in violation of 18 U.S.C. § 513(a). HELD: District court erred by imposing six-level sentence enhancement under USSG § 2B.1(b)(10) for use of “device” or “device-making equipment” to obtain access to money, goods, services, or initiating transfer of funds. Counterfeit checks and account numbers printed on those checks by defendant as part of fraudulent scheme are not access devices as contemplated by statutory definition. Read the opinion here. |
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