United States v. Hernandez-Espinoza

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The Eighth Circuit affirmed defendant's conviction for misusing a social security number and for the statutorily mandated two additional years in prison for aggravated identity theft. The court held that the district court did not err in considering defendant's prior unobjected-to conduct showing that defendant, then nineteen, had sex with a fifteen year old girl ten to fifteen times, in determining whether to vary upward; in denying defendant's request to move the paragraph detailing the sexual-conduct charge from the "Adult Criminal Conviction(s)" section of the PSR to the "Other Arrests" section; by imposing the $5,000 fine; in considering the pretrial services report to impeach defendants; and by imposing the fine before allocution. View "United States v. Hernandez-Espinoza" on Justia Law