United States v. Norwood, No. 13-3544 (8th Cir. 2014)
Annotate this CaseBanks noticed that computer-generated counterfeit checks were being cashed from the accounts of Kansas businesses that had reported mail theft. The scheme spread to Missouri. Norwood traveled with Eggleston, to recruit homeless men to cash counterfeit checks. They stayed at a hotel with coconspirators who printed the checks. While Eggleston talked to the homeless recruits, Norwood acted as security. The pair would examine each person's identification so that the checks could be printed using that person's name. After they cashed checks totaling $12,321.79, they were arrested. Uncashed checks for $4,163.87 were found in their vehicle. Norwood pleaded guilty to knowingly and intentionally conspiring to commit bank fraud (18 U.S.C. 1349). The district court applied a two-level enhancement for use of sophisticated means. The government offered no additional evidence. Neither party objected to the facts giving rise to the enhancement. The court then applied a two-level enhancement for the unauthorized use of a means of identification to produce or obtain another means of identification. The parties did not dispute the facts, so the government did not produce any evidence; both sides declined oral argument. The Eighth Circuit affirmed, rejecting arguments that Norwood had only limited knowledge and participation and should not be held responsible for the actions of the entire conspiracy and challenging the sufficiency of the evidence used to establish the predicate facts for both enhancements.
Court Description: Criminal case - Sentencing. The district court did not err in imposing sentencing enhancements under Guidelines Section 2B1.1(b)(10)(C) for sophisticated means or Guidelines Sec. 2B1.1(b)(11)(C)(i) for the unauthorized use of a means of identification. [ December 17, 2014
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