United States v. Hinds, No. 13-3543 (7th Cir. 2014)
Annotate this CaseHinds, with four coconspirators, obtained about 300 counterfeit credit and debit cards. The conspirators’ names were embossed on the front of the cards, but the cards were linked to accounts held by other account holders. They made illegal purchases in four states, rented a car, and booked hotel rooms. Hinds entered an open plea of guilty to conspiracy to use counterfeit devices, possession of forged securities, and conspiracy to commit bank fraud, 18 U.S.C. 1029(a)(1)-(b)(2), 472, 1344, and 1349. The district court sentenced Hinds to imprisonment for three concurrent terms of 30 months, at the bottom of his calculated guideline range, applying a two-level enhancement under U.S.S.G. 2B1.1(b)(11)(B)(i) (production or trafficking), as recommended in the presentence report. Hinds argued there was no evidence that he actually produced or trafficked the fraudulent credit and debit cards. The district court found the offense involved “the production or trafficking of counterfeit devices,” ordered Hinds to pay restitution of $21,818.89, and imposed special conditions of supervised release requiring him to pay a portion of his court-ordered substance abuse treatment and drug testing and requiring him to submit to suspicionless searches and seizures. The Seventh Circuit affirmed the enhancement, but remanded the special conditions.
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