United States v. Zheng, No. 12-2739 (7th Cir. 2014)Annotate this Case
Defendant appealed his sentence after being convicted of charges stemming from his involvement in a document-fraud operation that made fake Chinese passports and other identification documents. Defendant challenged the district court's application of a two-level enhancement under U.S.S.G. 2L2.1(b)(5)(B) for fraudulent use of a foreign passport. The court held that, to avoid enhancing defendant's sentence twice for the same offense conduct, the Sentencing Commission has directed judges not to apply any specific offense characteristic for the transfer, possession, or use of a "means of identification." Because a foreign passport is a "means of identification," the court reversed and remanded for resentencing.