United States v. Rueda, No. 18-1962 (1st Cir. 2019)
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The First Circuit affirmed the judgment of the district court sentencing Defendant in connection to her plea of guilty to one count of conspiracy to commit access-device fraud, holding that the district court did not err in imposing the sentence that it did.
Based on the "profound" disparity between the "loss" as calculated by Defendant's pre-sentence report and the actual "loss" attributed to Defendant's offense based on victim impact statements submitted by various financial institutions, as well as various mitigating factors, the district court exercised its discretion to impose a variant sentence of four months' imprisonment followed by two years of supervised release. On appeal, Defendant argued that the district court erred in its calculation of the "loss" attributable to her offense due to what she argued was an incorrect reading of section 2B1.1(b)(1) of the United States Sentencing Guidelines. The First Circuit affirmed, holding that the district court properly interpreted section 2B1.1(b)(1) in imposing the sentence.
The court issued a subsequent related opinion or order on August 13, 2019.
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