United States v. Diallo, No. 10-3771 (3d Cir. 2013)
Annotate this CaseDiallo was arrested and pleaded guilty to knowingly possessing 15 or more counterfeit credit cards with the intent to defraud, 18 U.S.C. 1029(a)(3). At his sentencing hearing, the government argued that although the actual loss attributed to Diallo’s conduct amounted to $160,000, he should be assessed a 16-level enhancement for an intended loss amount of over $1 million but not more than $2.5 million, which was based on the Secret Service agents’ determination of the aggregate credit limit of all of the compromised credit card numbers, and a four-level enhancement for over 50 victims, based on the number of financial institutions that had issued the credit cards numbers. The district court accepted the government’s arguments on intended loss and the number of victims, resulting in a total offense level of 27 and a Guidelines range of 70 to 87 months’ imprisonment and ultimately sentenced Diallo to a bottom-of-the-Guidelines-range sentence of 70 months’ imprisonment. The Third Circuit vacated. For purpose of Section 2B1.1 of the Sentencing Guidelines, the intended loss of a credit card fraud is not, in every case, the credit card’s credit limit.
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