United States v. Kugmeh, No. 18-1145 (8th Cir. 2019)
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The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to conspiracy to commit bank fraud, and aiding and abetting aggravated identity theft. The court held that defendant waived his argument that the district court erred in applying the sixteen-level increase for the loss amount and the two-level increase for an offense involving sophisticated means, because he stipulated to the adjustments in his plea agreement.
The court also held that the district court did not err by denying a two-level reduction under USSG 3E1.1(a) for acceptance of responsibility, where the district court found that defendant obstructed justice, and applied a two-level increase under USSG 3C1.1. Finally, the district court did not clearly err by declining to deem this an "extraordinary" case that warranted an adjustment for acceptance of responsibility.
Court Description: Colloton, Author, with Gruender and Erickson, Circuit Judges] Criminal case - Sentencing Guidelines. Defendant waived his objections to enhancements for amount of loss and sophisticated means by stipulating to the adjustments in his plea agreement; no error in denying an acceptance-of-responsibility reduction when the court imposed an obstruction-of-justice enhancement as this is not the kind of extraordinary case that warrants such an adjustment.
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