McCoun

MEMORANDUM **

Carl Joseph McCoun (“McCoun”) used his daughter’s name and personal information without her authorization to obtain six credit cards in her name. McCoun was charged with and pled guilty to identity theft in violation of 18 U.S.C. § 1028 (a)(7). The district court departed upward seven levels in sentencing McCoun, relying on three bases suggested by the applicable sentencing guidelines. U.S.S.G. § 2B1.1 (2002). Application Note 15(A) of section 2B1.1: (1) the offense caused or risked substantial non-monetary harm, (2) the victim suffered substantial inconvenience related to repairing the victim’s reputation or a damaged credit record, and (3) the defendant produced or obtained numerous means of identification with respect to one individual and essentially assumed that individual’s identity.

There is an adequate factual basis in the record for the first two factors. Psychological harm is an example of non-monetary harm. McCoun should have been aware that his actions would potentially cause psychological harm to his daughter because of their past relationship, in addition to his recent breach of parental trust. Also, based on the daughter’s victim impact statement,…