USA V. MARITES BARROGO, No. 21-10228 (9th Cir. 2023)
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Defendant who was not a SNAP beneficiary, was the owner and operator of Laguna Best Restaurant and Catering in Harmon, Guam. From 2015 to 2020, Defendantbought SNAP benefits from various individuals at a substantial discount, and then used those benefits to buy bulk food items for her restaurant. A grand jury indicted Defendant on two counts of the unauthorized use of SNAP benefits and one count of conspiracy to use, transfer, acquire, alter or possess SNAP benefits without authorization. Defendant pled guilty to the conspiracy count. Defendant stipulated to a two-level authentication feature enhancement under U.S.S.G. Section 2B1.1(b)(11)(A)(ii), which was based on her use of EBT cards and PINs to purchase food. The district court sentenced Defendant to ten months imprisonment and three years of supervised release. The court also ordered Defendant to pay $18,752.30 in restitution. Defendant appealed.
The Ninth Circuit affirmed. Considering principally whether the district court properly imposed a two-level sentencing enhancement under U.S.S.G. Section 2B1.1(b)(11)(A)(ii) for Defendant’s misuse of an “authentication feature,” the panel held that a personal identification number associated with a debit-type card is an “authentication feature” under the Sentencing Guidelines and the statutory provisions they reference. The panel held that Defendant did not demonstrate error in the district court’s order requiring her to pay $18,752.30 in restitution, and rejected Defendant’s argument that the government’s breach of the plea agreement constituted plain error.
Court Description: Criminal Law. The panel affirmed a criminal judgment in a case in which the defendant pleaded guilty to conspiracy to use, transfer, acquire, alter or possess Supplemental Nutrition Assistance Program benefits without authorization, in violation of 7 U.S.C. § 2024 and 18 U.S.C. § 371. Considering principally whether the district court properly imposed a two-level sentencing enhancement under U.S.S.G. § 2B1.1(b)(11)(A)(ii) for the defendant’s misuse of an “authentication feature,” the panel held that a personal identification number associated with a debit-type card is an “authentication feature” under the Sentencing Guidelines and the statutory provisions they reference. The panel held that the defendant did not demonstrate error in the district court’s order requiring her to pay $18,752.30 in restitution, and rejected the defendant’s argument that the government’s breach of the plea agreement constituted plain error. UNITED STATES V. BARROGO 3
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