United States v. Butler, No. 10-2901 (8th Cir. 2011)
Annotate this CaseDefendant was convicted of six counts of bank fraud and sentenced to 80 months imprisonment where defendant recruited other individuals to cash counterfeit checks. At issue was whether the district court erred by applying a two-level increase for possession or use of any device-making equipment or the production of trafficking of any unauthorized access device or counterfeit device under U.S.S.G. 2B1.1(b)(1) and a three-level increase for his aggravating role as a manager or supervisor under U.S.S.G. 3B1.1(b). The government conceded that the district court erred in applying the section 2B1.1(b)(1) enhancement where the enhancement could not be applied to offenses that involved a transfer originated solely by paper instrument. Therefore, the court held that the district court erred in applying the section 2B1.1(b)(1) enhancement. The court held, however, that the district court properly applied the aggravating role enhancement under section 3B1.1(b) where the recruited individuals knew or were willfully blind to the fraud. Accordingly, the court affirmed in part and reversed in part, remanding for resentencing.
Court Description: Criminal case - Sentencing. The district court erred in imposing an enhancement under Guidelines Sec. 2B1.1(b)(10) as defendant's scheme for passing bad checks did not involve the use or possession of device- making equipment; no error in imposing an enhancement under Guidelines Sec. 3B1.1(b) for an aggravating role in the offense.
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