United States v. Marcus Steve Galliano

Marcus Steve Galliano appeals his sentence, arguing the district court erred in ordering a 14-month enhancement term to run consecutively to a 51-month sentence imposed for an offense not committed while he was on pretrial release. He also contends the court erred by using the amount of intended, rather than actual, loss to calculate the amount of loss under U.S.S.G. § 2F1.1(b)(1), and by adding a two-level upward adjustment to his sentence for being involved in a scheme to defraud more than one victim, U.S.S.G. § 2F1.1(b)(2)(B). We have jurisdiction under 18 U.S.C. § 3742 (a)(2) and 28 U.S.C. § 1291 . We affirm.

FACTS

Galliano used false names and social security numbers to obtain credit, money, and services from various lending institutions and credit card and public utility companies. Galliano defaulted on almost all of the fraudulently obtained debts and loans. Some creditors recouped part of their losses by selling property that secured the loans.

Galliano pleaded guilty to one count of fraudulent use of an access device, in violation of 18 U.S.C. § 1029 (a)(2); three counts of making false statements in credit applications, in violation of 18 U.S.C. § 1014 ; one count' of…