United States v. Hines-Flagg, No. 14-2975 (7th Cir. 2015)
Annotate this CaseFlagg and her nephew stole identities and created fake identifications, traveled to other states to open credit card accounts, bought merchandise, and returned to Detroit to sell the goods. After being caught, Flagg pled guilty to one count of conspiracy to commit mail and wire fraud and one count of aggravated identity theft. The district court sentenced her to three years for conspiracy and to a mandatory consecutive two-year sentence for aggravated identity theft. In calculating the Guidelines offense level, the court applied a two-level increase to the conspiracy count for relocating the fraud scheme to evade law enforcement (U.S.S.G. 2B1.1(b)(10)(A)). Flagg argued that she neither relocated the fraud scheme to another jurisdiction nor did so with the intent to evade law enforcement. The Seventh Circuit vacated the sentence, finding that the fraud scheme was not relocated for the purposes of section 2B1.1(b)(10)(A) and that application of the two-level increase was a procedural error.
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