United States v. Vance, No. 19-5160 (6th Cir. 2020)Annotate this Case
The Spriggs’ bank account was established to receive social security checks. The Spriggs’ great-grandson, Vance, filled out an application in Mr. Spriggs’s name for a debit card to draw on the checking account. Mr. Spriggs had never used a debit card. The Spriggses did not authorize Vance to do so. Bank cameras photographed Vance using the card to withdraw cash. Vance also used the card for personal expenses. At another bank, Vance used Mr. Spriggs’s social security number to establish an account and obtain a $15,000 cash advance. Vance made other, unsuccessful loan applications. Upon being notified by the banks about suspicious activities involving his identity, Mr. Spriggs filed a police report. The police arrested Vance. While searching Vance’s car, the police located a large stash of personal and financial documents belonging to the Spriggses, including bank statements, tax return forms, property-tax bills, and a car title.
The Sixth Circuit affirmed Vance’s convictions for access-device fraud, 18 U.S.C. 1029(a)(5), and two counts of aggravated identity theft, 18 U.S.C. 1028A(a)(1), and his 65-month sentence. The court rejected arguments that the district court failed to make adequate findings of fact after the bench trial, improperly denied a motion for judgment of acquittal, and failed to correctly calculate the loss amount connected to Vance’s charges under Sentencing Guidelines 2B1.1.