United States v. Edmond, No. 13-14381 (11th Cir. 2015)
Annotate this CaseDavid Edmond was indicted for conspiracy to commit access-device fraud and aggravated identity theft based upon his use of social security numbers to make fraudulent bank transfers. Pursuant to a plea agreement, he pleaded guilty to possession of fifteen or more unauthorized access devices (an unindicted offense) and one count of aggravated identity theft. On the basis of this plea, the District Court sentenced Edmond to prison for a total of forty-eight months. Edmond appealed his sentence, arguing: (1) the District Court lacked jurisdiction because Count One of the indictment failed to state an offense; (2) the District Court erroneously calculated his number of victims resulting in an unduly large sentence. The Eleventh Circuit reached neither argument. Instead, the Court noticed plain error and reversed his conviction for possession of fifteen or more access devices. And, because this reversal eliminated the factual support for an element of his aggravated identity-theft conviction, the Court also reversed that conviction for lack of sufficient evidence.
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