United States v. Rickon Wade

facts, we do not recount them here. We affirm.

Wade challenges the district court’s application of a sentencing enhancement

under U.S.S.G. § 2B1.1(b)(11)(C)(i), which applies if the offense involved “the

unauthorized transfer or use of any means of identification unlawfully to produce

or obtain any other means of identification.” U.S.S.G. § 2B1.1(b)(11)(C)(i). Wade

contends that the enhancement does not apply because he used a means of

identification belonging to someone else to attempt to obtain a Nevada Real ID

under his own name—rather than another’s name—and Application Note

provides that, for § 2B1.1(b), “means of identification, shall be of an actual (i.e.,

not fictitious) individual, other than the defendant.” Id. § 2B1.1 cmt. n.

(emphasis added). Even though Wade attempted to obtain a Nevada Real ID in his

own name, the district court properly applied the enhancement because the Nevada

Real ID he sought to obtain would have contained a Nevada ID number—a “means

2 of identification”—that would have been unlawfully tied to the alien registration

number of another actual individual.

Contrary to Wade’s contention, the enhancement did not…