United States v. Nash, No. 12-30890 (5th Cir. 2013)
Annotate this CaseDefendant was convicted of charges related to his involvement in a scheme to defraud the Supplemental Nutrition Assistance Program (SNAP). On appeal, he challenged the district court's imposition of a two-level enhancement under U.S.S.G. 2B1.1(b)(9)(C) based on his prior SNAP violation. In light of United States v. Garcia, the court concluded that the district court correctly found that defendant's prior violation of SNAP and his acknowledgement of the violation satisfied the requirement that there be "interaction" between the agency and the defendant. The July 9 letter at issue found that defendant was responsible for violating food stamp regulations on four occasions by accepting benefits in exchange for ineligible merchandise. Accordingly, the court affirmed the sentence, concluding that the district court did not err in applying section 2B1.1(b)(9)(C) to enhance defendant's sentence.
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