United States v. Davis

The Eighth Circuit affirmed defendant's sentence of 75 months in prison after she pleaded guilty to wire fraud, use of unauthorized access devices, and aggravated identity theft. The court held that the presentencing report's statement that the scheme involved more than 50 participants was not material to any enhancement under USSG 3B1.1(b), and any error in overruling defendant's objection was harmless. The court also held that the district court properly overruled defendant's objections to the PSR; the district court did not err by finding that she was a manager or supervisor of a criminal activity involving five or more participants where defendant admitted the scheme involved more than 15 participants. Finally, the district court did not err by denying a two-level reduction for acceptance of responsibility under USSG 3E1.1(a). View "United States v. Davis" on Justia Law