United States v. Moon, No. 14-2085 (6th Cir. 2015)
Annotate this CaseMoon and a co-conspirator acquired credit card numbers issued to third parties and used the information to create counterfeit credit cards and gift cards, which they used to purchase merchandise. Moon pled guilty to wire fraud, 18 U.S.C. 343 and 1349; the government agreed to move for dismissal of access device fraud and aggravated identity theft counts at sentencing. Moon also waived his right to appeal his conviction and a sentence “within the applicable guideline range, along with the manner in which the sentence was determined on the grounds set forth in 18 U.S.C. 3742 or any other grounds.” The district court sentenced Moon to 96 months’ imprisonment followed by for years supervised release and ordered restitution of $80,320.61. The Sixth Circuit affirmed, finding the sentence reasonable even if Moon had not waived his right to appeal. The court rejected an argument that the calculation of intended loss by assuming a $500 minimum loss for each stolen number overstated the severity of the offense and that that the district court should have calculated loss by including only actual losses from the usable card numbers.
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