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.
APPEAL from a judgment of the United States District Court for the District of Rhode Island.
Decided: June 26, 2009
Before Lipez, Hansen, Howard, Circuit Judges
Opinion by Lipez, Circuit Judge.
For Appellant: Barry E. Shulman
For Appellee: Donald C. Lockhart, Assistant United States Attorney