United States v. Dimitrovski, No. 14-12417 (11th Cir. 2015)
Annotate this CaseOn June 26, 2013, an eighteen-wheeler tractor-trailer transporting a shipment of L'Oreal brand beauty products, including hair-color and makeup, was stolen from a truck stop in Antioch, Tennessee. The shipment was en route to a customer warehouse in Chattanooga, Tennessee and had originated from a L'Oreal distribution facility in Streetsboro, Ohio. The driver reported he went inside the truck stop to take a shower and came back out to discover his tractor-trailer was gone. Defendant Aleksander Dimitrovski was convicted of the theft, and he appealed the sentence he received after entering a guilty plea to one count of receiving, possessing, and selling stolen goods. On appeal, Dimitrovski argued the district court erred in applying a two-level enhancement under U.S.S.G. 2B1.1(b)(14)(B), which applied "[i]f the offense involved an organized scheme to steal or to receive . . . goods or chattels that are part of a cargo shipment," because his offense involved only a single transaction of stolen cargo. Finding no reversible error, the Eleventh Circuit affirmed the sentence.
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