United States v. Kleiner, No. 13-3809 (2d Cir. 2014)Annotate this Case
Defendant challenged his sentence after pleading guilty to bank fraud, arguing that his use of another person's name and address to create a counterfeit driver's license that he used in committing the crime of conviction does not warrant a two-level enhancement under U.S.S.G. 2B1.1(b)(11)(C)(i) for the unauthorized transfer or use of any means of identification unlawfully to produce or obtain any other means of identification. The court concluded that defendant's argument was foreclosed by United States v. Sash and, therefore, the enhancement was properly applied to defendant's sentence. Accordingly, the court affirmed the judgment.