United States v. Alverez, No. 21-1119 (7th Cir. 2021)
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In 2015, Alverez, Verejano‐Contreras, and Bacallao‐Fernandez created 647 fake credit cards and made $52,631.15 in fraudulent purchases. Verejano‐Contreras absconded and is a fugitive. Bacallao‐Fernandez pleaded guilty to misprision of a felony, was sentenced to 12 months’ probation, and was ordered to pay $1,000 in restitution. The restitution was imposed on a joint and several basis with his co‐defendants.
Alverez was convicted of three counts of access device fraud, 18 U.S.C. 1029(a), and 10 counts of aggravated identity theft, 18 U.S.C. 1028A. Alverez was sentenced to 60 months’ incarceration, a below‐guideline sentence. The court ordered Alverez to pay over $50,000 in restitution. Inconsistencies in the sentencing records regarding the amount of restitution and the number of victim payees created confusion regarding that order. The judgment further specified that Alverez was jointly and severally liable for the restitution with her Bacallao‐Fernandez. It also set forth a payment plan.
The government conceded to a remand, then agreed that the second restitution order must be vacated and remanded. The Seventh Circuit again vacated and remanded. The restitution order did not address Alverez’s argument for joint and several liability, nor her apparent indigency. On remand, the district court in its discretion may elect to hold a sentencing hearing before entering a revised restitution order.
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