United States v. Levine
United States v. Levine
Opinion of the Court
MEMORANDUM
Kristen Jennifer Levine appeals the 46-month sentence imposed following her guilty plea to possession of 15 or more unauthorized credit card numbers in violation of 18 U.S.C. § 1029(a)(3). Levine argues that the district court inappropriately calculated the loss attributable to Levine at over $1,000,000 under U.S. Sentencing
USSG § 2B1.1, Application Note 2(F)(i) provides, “[i]n a case involving any ... unauthorized access device,
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Unauthorized credit card numbers are unauthorized access devices. See 18 U.S.C. § 1029(e)(1).
. The Yellowe court dealt with the 1993 incarnation of § 2B1.1. Under the 1993 Guidelines, Application Note 2(F)(i) did not exist. In its place was Application Note 4, which stated, "loss includes any unauthorized charges made with stolen credit cards, but in no event less than $100 per card.” USSG § 2B1.1, Application Note 4 (1993). This text is almost identical to the text of USSG § 2B1.1, Application Note 2(F)(i) (2002), and thus the reasoning in Yellowe applies with full force to the facts of this case.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Kristen Jennifer LEVINE, aka Frankie, Little Sami, Kristine Levine, Beatrice Ayon and Kristen Killian, Defendant—Appellant
- Cited By
- 2 cases
- Status
- Published