Unted States v. Catching, No. 11-6305 (6th Cir. 2013)
Annotate this CaseCatchings pleaded guilty to one count of identity theft; he had fraudulently opened personal credit-card accounts using his former clients’ personal information without their knowledge. When calculating the amount of loss pursuant to U.S.S.G. 2B1.1(b)(1), district courts include losses stemming from relevant conduct under section 1B1.3. In Catching’s case, the district court included losses stemming from credit cards that were in the name of U.S. Investments & Construction, a business that Catchings started with a friend. The Sixth Circuit vacated the sentence. Relevant conduct under United States Sentencing Guidelines 1B1.3 must be criminal conduct to be relevant for the purpose of calculating a defendant’s guidelines range. The conduct involved in opening the U.S. Investments cards involved taking advantage of a trusting friend, but was not criminal.
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