United States v. Hall, No. 11-14698 (11th Cir. 2013)Annotate this Case
Defendant pled guilty to conspiracy to commit bank fraud, conspiracy to commit identity theft and access device fraud; and wrongfully obtaining and transferring individually identifiable health information for personal gain. On appeal, defendant challenged her sentence. The court held that the plain language of the sentencing guideline at issue did not apply to defendant's mere sale or transfer of the patient's identifying information. The U.S.S.G. 2B1.1(b)(2)(A) enhancement was the appropriate one in defendant's sentencing because the purpose of the conspiracy was realized when the conspirators used the 12 patients' identifying information to obtain the fraudulent credit cards. Thus, the district court procedurally erred in imposing defendant's sentence. Because it was not clear in this case whether the error affected the district court's sentence, the court vacated and remanded for resentencing.