United States v. Tejas, No. 16-16336 (11th Cir. 2017)
Annotate this CaseThe Eleventh Circuit vacated defendant's 366-day sentence for theft of mail, holding that the enhancement for the number of victims under USSG 2B1.1(b)(2)(A)(i), which was based on the application of a "special rule" in cases involving undelivered mail, did not apply on the specific facts of this case. The court explained that the application of the commentary's special rule in this case was inconsistent with the plain text of the number-of-victims enhancement, and was thus not authoritative. In this case, the evidence was clear that defendant came into contact with a single piece of undelivered mail and the offense involved fewer than ten victims. Consequently, section 2B1.1(b)(2)(A)(i) by its own terms did not apply.
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