Camper

United States v. Camper

Good Law
337 F. App'x 631
United States Court of Appeals for the Ninth CircuitJune 16, 2009No. 08-50080California534 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant Eugene Camper appeals his sentence of 104 months’ imprisonment imposed by the district court after he pleaded guilty to one count of possession of fifteen or more unauthorized access devices, in violation of 18 U.S.C. § 1029 (a)(3). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm the district court.

1. The district court did not err in applying a fourteen-level enhancement because a total loss of at least $765,500 was established by clear and convincing evidence. See U.S.S.G. § 2Bl.l(b)(l)(H). Camper admitted to possessing the 1,531 stolen credit cards, and ample testimonial and physical evidence established that the stolen credit card numbers had long been under his control. The district court correctly calculated the total loss by applying the Sentencing Guidelines’ $500 presumed loss to each of the 1,531 stolen credit cards. See U.S.S.G. § 2B1.1 cmt. n. 3(F)(i); see also United States v. Yellowe, *633 24 F.3d 1110, 1113 (9th Cir.1994) (holding that the district court did not clearly err when it calculated loss by multiplying the Sentencing Guidelines’ minimum loss figure by the number of workable credit card numbers…

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