United States v. Natarajan Gurumoorthy

MEMORANDUM

Natarajan Gurumoorthy appeals the sentence imposed following his guilty plea to one count of possession of more than fifteen counterfeit and unauthorized access devices, 18 U.S.C. § 1029 (a)(3), and one count of possession of deviceunaking equipment, 18 U.S.C. § 1029 (a)(4).

Gurumoorthy’s Guidelines sentencing range was calculated at 24-30 months’ imprisonment. That range was based in part on a 10-level offense level enhancement per U.S.S.G. § 2Bl.l(b)(l)(F), for the actual and potential pecuniary loss. The government requested a 24-month upward departure (for a total of 54 months’ imprisonment) based on U.S.S.G. § 5K2.21, Dismissed and Uncharged Conduct. The government argued that it could have charged Gurumoorthy with multiple counts of aggravated identity theft pursuant to 18 U.S.C. § 1028A(a)(l), a statute that requires a minimum consecutive two-year sentence in these circumstances. Relying on U.S.S.G. § 5K2.21 and 18 U.S.C. § 3553 (a), the district court imposed a sentence of 54 months’ imprisonment. In doing so, the district court stated that it knew about Gurumoorthy’s life, had read all of the documents in the file, and had listened to Gurumoorthy’s attorney’s…