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holding the district court did not plainly err in imposing the enhancement given the similarity between the bank loan account number example and the defendant’s use of social security numbers to file fraudulent applications to obtain Federal Emergency Management Agency benefits
Summary of this case from United States v. KaluOpinion
No. 08-30965 Summary Calendar.
May 1, 2009.
Alan A. Stevens, U.S. Attorney's Office, Middle District of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee.
Rebecca L. Hudsmith, Federal Public Defender, Federal Public Defender's Office, Western District of Louisiana, Lafayette, LA, for Defendant-Appellant.
Appeal from the United States District Court for the Middle District of Louisiana, USDC No. 3:07-CR-171-1.
Before WIENER, STEWART, and CLEMENT, Circuit Judges.
Thalisha Davis pleaded guilty to two counts of making false claims and one count of theft of government property. She appeals the imposition of a two-level enhancement to her base offense level pursuant to U.S.S.G. § 2B1.1(b)(10)(C)(i). Davis argues that § 2B1.1(b)(10)(C)(i) is inapplicable because, in providing social security numbers assigned to others in making applications for disaster relief benefits with the Federal Emergency Management Agency, she did not use one means of identification to produce another means of identification. The commentary to the Sentencing Guidelines indicates that a bank loan account number qualifies as another means of identification that can be obtained unlawfully pursuant to § 2B1.1(b)(10)(C)(i). In light of the similarity between that example and the instant application of the guideline, we hold that the district court did not plainly err. See United States v. Peltier, 505 F.3d 389, 392 (5th Cir. 2007), cert. denied, ___ U.S. ___, 128 S.Ct. 2959, 171 L.Ed.2d 892 (2008); see also § 2B1.1, cmt. n. 9(C)(ii)(I).
AFFIRMED.