United States v. Rogelio Salcedo-Lopez

Rogelio Salcedo-Lopez and a confidential informant for the United States Department of State engaged in three transac tions for the purchase of false birth certificates and Social Security cards. The informant paid Salcedo $100 for the first set of documents, and $120 for each of two additional sets. The first two sets of documents were delivered to the informant. The government found the third set in Sal-cedo’s possession during a search pursuant to a warrant.

Salcedo was charged with two counts of transferring false identification documents and one count of possessing false identification documents, in violation of 18 U.S.C. § 1028 (a)(2), (3). He pled guilty to one count of transferring false identification documents. In exchange, the government recommended a two-level reduction in Sal-cedo’s offense level for acceptance of responsibility and dismissed the remaining two counts at the time of sentencing.

Salcedo’s presentence report recommended he pay “[r]estitution in the sum of $100 (Count 1), $120 (Count 2) and $120 (Count 3) ... to the U.S. Department of State” pursuant to the Victim and Witness Protection Act of 1982, 18 U.S.C. §§ 3663 , 3664. At the sentencing hearing,…