Benson

MEMORANDUM *

Appellant Bibiana Benson appeals from the district court’s judgment sentencing her to 54 months’ imprisonment after imposing a two-level upward departure for non-monetary harm caused to a large number of victims as a result of her participation in an identity theft scheme. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the factual background of the case, we do not recite it here.

I.

The issue presented in this case is whether the district court incorrectly applied the Sentencing Guidelines in determining that an upward departure from the guideline sentencing range was appropriate, and if so, whether that incorrect application requires the sentence to be vacated. The Supreme Court has severed the provisions of the federal guideline statute that made the Sentencing Guidelines mandatory, effectively rendering the guidelines advisory. United States v. Booker, — U.S. -, -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005). However, the Court made it clear that although review of a sentence will ultimately turn on its reasonableness, the district court must consider the Guidelines in making its sentencing determination.…