United States v. Angela Ferdinand, 517 F. App'x 651

Ferdinand pled guilty to Counts 1, 2, and 4 of a seven-count indictment under a plea agreement.
The District Court sentenced her to concurrent 24-month terms on Counts 1 and 2 and a consecutive 24-month term on Count 4.
Ferdinand participated in a conspiracy to commit credit card fraud by acquiring victims’ information, obtaining replacement cards, and using them to purchase goods and obtain cash.
Total fraud and cash withdrawals exceeded $129,202, which Ferdinand shared with co‑conspirators.
The District Court grouped Counts 1 and 2 for guideline calculation, applied enhancements for identity theft and loss, then added a 24-month term for Count 4, resulting in a 48–54 month recommended sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the identity‑theft enhancement was proper	Ferdinand argues plain error from the two‑level enhancement for identity theft.	The government contends the enhancement was erroneous due to Note 2 to § 2B1.6.	Plain error not established; no prejudice shown.
Whether the loss calculation was correct	Ferdinand contends the loss amount may be miscalculated.	The government argues the loss was properly determined as over $120,000.	Loss calculation upheld; amount supported by the conspiracy losses.

United States v. Snipes, 611 F.3d 855 (11th Cir. 2010) (plain‑error standard and prejudice considerations)
United States v. Rodriguez, 398 F.3d 1291 (11th Cir. 2005) (prejudice/substantial rights assessment in plain error)
United States v. Cabrera, 172 F.3d 1287 (11th Cir. 1999) (loss calculation is a factual finding, reviewed for clear error)
United States v. Almedina, 686 F.3d 1312 (11th Cir.) (clarifies appraisal of loss and reasonable calculations)