United States v. Taylor, No. 14-13288 (11th Cir. 2016)
Annotate this CaseDefendant pleaded guilty to charges related to his use of stolen identity information to add himself as an authorized user to other individuals’ pre-existing credit card accounts and open new accounts in the names of stolen identities, causing banks to create new credit cards that included him as an authorized user. The court concluded that USSG 2B1.6 does not prevent application of a section 2B1.1 production enhancement to a sentence imposed in conjunction with a 18 U.S.C. 1028A (aggravated identity theft) conviction when the underlying conduct at issue involves “production,” rather than conduct limited to “transfer, possession, or use.” The court also held that willfully causing an innocent third party to produce a fraudulent credit card qualifies as “production” under the Guidelines. Accordingly, the court affirmed the judgment.
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