Levine

United States v. Levine

Good Law
87 F. App'x 44
United States Court of Appeals for the Ninth CircuitJanuary 20, 2004No. 03-50207; D.C. No. CR-02-00382-RSWLCalifornia433 words

Opinion

Lead Opinion

MEMORANDUM **

Kristen Jennifer Levine appeals the 46-month sentence imposed following her guilty plea to possession of 15 or more unauthorized credit card numbers in violation of 18 U.S.C. § 1029 (a)(3). Levine argues that the district court inappropriately calculated the loss attributable to Levine at over $1,000,000 under U.S. Sentencing *45 Guidelines Manual (“USSG”) § 2B1.1, Application Note 2(F)(i), when the actual loss was only approximately $20,000. We review the calculation of monetary loss to victims for clear error, see Untied States v. Lawrence, 189 F.3d 838, 844 (9th Cir.1999), and we affirm.

USSG § 2B1.1, Application Note 2(F)(i) provides, “[i]n a case involving any ... unauthorized access device, 1 loss includes any unauthorized charges made with the ... unauthorized access device and shall be not less than $500 per access device.” This minimum loss calculation applies regardless of whether the unauthorized credit card number was actually used to make fraudulent purchases or not. See United States v. Yellowe, 24 F.3d 1110, 1113 (9th Cir.1994) (holding that it was not clearly erroneous for the district court to calculate loss by multiplying the minimum loss…

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