United States v. Justin Tanner Petersen

Defendant Justin Tanner Petersen appeals from the sentence imposed after his plea of guilty to charges of computer fraud, possession of a stolen vehicle transported across state lines, conspiracy to commit computer fraud and wire fraud, and interception of wire and electronic communications in four separate cases consolidated for sentencing. Petersen challenges the district court’s (1) two-level upward adjustment for use of a special skill based upon his computer skills; (2) two-level upward adjustment for obstruction of justice; (3) failure to reduce the offense level on the grounds that one of the frauds was merely an attempt; and (4) ordering of restitution in the amount of $40,-000. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I

On July 20, 1992, Petersen pled guilty in three criminal cases. In CR 91-00995-SVW, he pled guilty to count one of an eight count indictment for computer fraud in violation of 18 U.S.C. § 1030 (a)(2). The indictment charged that between February 11,1991 and April 21,1991, he gained unauthorized access to computers of TRW Information Services, a consumer credit reporting agency. The evidence at sentencing showed that Petersen, then in…