United States v. Pierre, No. 14-10589 (11th Cir. 2016)Annotate this Case
Defendants Frantz, Terry, and Chris appealed their convictions and sentences for charges related to their participation in a scheme in which they established a sham tax preparation business. The court concluded that the district court properly denied Frantz’s and Terry’s motions to suppress evidence seized during a traffic stop, and evidence seized from the Parkland residence; there was sufficient evidence to support Terry and Chris’s convictions for conspiracy to defraud the United States, conspiracy and use of unauthorized access devices to defraud, and aggravated identity theft; the district court did not plainly err in admitting testimony from a SWAT team officer executing a search warrant on the Parkland residence; the district court properly applied the two-level vulnerable victims enhancement pursuant to USSG 3A1.1(b)(1); the district court did not err in denying Terry a minor role sentencing reduction; the district court properly applied a two-level sentencing enhancement because defendants' offenses involved the production or trafficking of unauthorized access devices; and the evidence supports the district court’s loss amount calculation. Accordingly, the court affirmed the judgment.