Hunter

MEMORANDUM *

Becky Nadine Hunter appeals her 121-month sentence under the 2003 version of the United States Sentencing Guidelines (“the Guidelines”) for various fraudulent schemes ranging from identity theft to concealment of assets in bankruptcy, committed between 1998 and 2003, to obtain and retain money, employment, and property, in violation of 18 U.S.C. §§ 152 (1), 152(3), 1001(a)(3), 1014, 1028(a)(7), 1028(b)(1)(D), 1341, and 1343. She challenges (1) the application of a single version of the Guidelines to all of her crimes, (2) the district court’s failure to deduct pledged collateral from her intended loss, and (3) the reasonableness of her sentence.

Hunter maintains that the grouping of her crimes for sentencing under a single version of the Guidelines constitutes an Ex Post Facto Clause violation. We agree.

Although the district court did not explicitly state whether it was applying the grouping or relevant conduct provisions of the Guidelines, compare U.S.S.G. § 3D1.2 with § 1B1.3, it appears that the district court’s sentence depended wholly on grouping. For example, if the court had planned to use relevant conduct in sentencing, it would not have been considering…