Macias

MEMORANDUM ***

Edgar Macias appeals from a 37-month sentence imposed by the district court following his guilty plea to one count of wire fraud in violation of 18 U.S.C. § 1343 . We have jurisdiction under 28 U.S.C. § 1291 and affirm.

The district court did not abuse its discretion in sentencing based on a two-level enhancement. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). Macias fits within the plain terms of the two-level enhancement applied by the district court. See U.S. Sentencing Guidelines Manual § 2Bl.l(b)(10)(C)(i). Under the Guidelines, a unique mortgage number may be used to identify a specific individual and constitutes a “means of identification” under the statute. See id. cmt. n. 9 (defining “means of identification” by reference to 18 U.S.C. § 1028 (d)(7)); see also 18 U.S.C. § 1028 (d)(7) (defining “means of identification” as “any name or number that may be used ... to identify a specific individual”). It is irrelevant that Macias obtained his victim’s personal information legally. See U.S. Sentencing Guidelines Manual § 2Bl.l(b)(10)(C)(i).

The district court also did not abuse its discretion in sentencing Macias to 37 months even…