UNITED STATES of America, Plaintiff-Appellee, v. Eugene CAMPER, Defendant-Appellant

Eugene Camper appeals the sentence imposed following his guilty plea to trafficking in counterfeit access devices in violation of 18 U.S.C. § 1029 (a)(1). Camper contends the sentencing court 1) erred by finding that he merited an upward adjustment for being an organizer or manager of criminal activity involving five or more participants, and 2) engaged in impermissible double counting when it adjusted upward his United States Sentencing Guidelines offense level for both his aggravating role in the offense and for more than minimal planning of the offense. In addition, Camper contends, and the government concedes, that the government breached the plea agreement by making impermissible arguments at sentencing. We have jurisdiction under 28 U.S.C. § 1291 and affirm in part and vacate and remand in part.

I

Sentencing Issues

Camper contends the district court erred by finding that he managed or organized a criminal activity involving more than five participants and also finding that he managed or organized anyone at all in any conduct relevant to the offense of conviction. In the alternative, he argues that his receipt of upward adjustments both for more than minimal planning in.…