US v. Stepanian, No. 08-1053

Sentence for conspiracy to commit access device fraud and aggravated identity theft is affirmed where: 1) the district court's properly applied the six-level multiple victim enhancement for more than 250 victims as the bank account holders who were reimbursed for their losses were still victims; 2) the court understood its discretion to depart from the sentencing guidelines, and imposed a sentence with that understanding in mind; and 3) the court did not err in imposing a mandatory two-year consecutive sentence for aggravated identity theft.    

Read US v. Stepanian, No. 08-1053

Appellate Information
APPEAL from a judgment of the United States District Court for the District of Rhode Island. 
Decided: June 26, 2009

Judges
Before Lipez, Hansen, Howard, Circuit Judges
Opinion by Lipez, Circuit Judge.

Counsel
For Appellant: Barry E. Shulman
For Appellee: Donald C. Lockhart, Assistant United States Attorney