United States v. Dooley, No. 11-2256 (7th Cir. 2012)
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Dooley lied about her marriage status and income to obtain Social Security benefits and food stamps. While employed at a hospital, she stole credit cards and identification documents from approximately 100 patients, then made purchases on the accounts of the vulnerable (often helpless) people and used the credentials to obtain additional credit cards and Social Security numbers in spurious names, to defraud additional persons. She pleaded guilty to nine counts including three counts charged aggravated identity theft, 18 U.S.C.1028A, which provides that every conviction is punished by two years in prison and that every sentence must run consecutively to every sentence for a different crime. Sentences for multiple aggravated-identity-theft convictions may run concurrently with each other. The district judge determined the sentences for the six convictions other than under 1028A, and had to add at least 24 months; he was entitled to add 48 or 72 months. The Seventh Circuit vacated the judge’s decision to add 48 months and remanded for sentencing in light of considerations set out in USSG 5G1.2 Application Note 2(B) for determining whether sentences should be concurrent or consecutive.
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