United States v. Onyesoh, No. 10-50480 (9th Cir. 2012)
Annotate this CaseDefendant pled guilty to possession of stolen mail and access device fraud. This appeal addressed access device fraud under 18 U.S.C. 1029 and, specifically, whether the Government must prove the usability of an expired credit card number in order for a district court to enhance a sentence. The court held that, for an unauthorized access device whose usability was not readily apparent, such as an expired credit card number, some proof of usability was required when the defendant did not concede the fact or when the defendant challenged the enhancement. Therefore, the sentence was vacated and the case remanded for further proceedings.
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