United States v. Collins
2011 U.S. App. LEXIS 8318
| 7th Cir. | 2011Background
- Collins pled guilty to 22 counts: 11 counts of misusing a Social Security number and 11 counts of aggravated identity theft.
- District court sentenced Collins to 108 months: 60 months on Counts 1-11 concurrent, 24 months on Count 12 consecutive to Counts 1-11, 24 months on Count 13 consecutive to Count 12, and 24 months on Counts 14-22 concurrent with Count 13.
- Victims totaled 23; PSR loss calculated at $171,049, though government asserted over $200,000.
- Evidence at sentencing showed a lengthy identity-theft scheme with ongoing criminal activity and recruitment of others; multiple victims testified about impact.
- Collins challenged the PSR on victims and criminal history; government and Collins objected to PSR, and district court resolved those objections at a later hearing.
- District court grouped underlying counts under Guideline 3D1.2, calculated a final offense level of 22 and criminal history category IV, and applied adjustments for number of victims, property loss, and leadership role.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consecutive vs. concurrent sentences for aggravated identity theft | Collins argues consecutive sentences were improper. | Collins contends guidelines/statutory scheme require concurrency. | Consecutive sentences were reasonable and within district court discretion. |
| Reasonableness of 108-month sentence under 3553(a) | Sentence materially exceeds necessary range. | District court adequately considered 3553(a) factors and imposed a below-advisory-range sentence overall. | Sentence affirmed as reasonable; district court properly weighed factors. |
| Adequacy of the district court's consideration of 3553(a) factors | Court did not meaningfully address all mitigating arguments. | Court conducted thorough, meaningful analysis and need not discuss every argument. | Court's discussion was adequate; no reversible error. |
Key Cases Cited
- United States v. LaFaive, 618 F.3d 613 (7th Cir. 2010) (mandatory consecutive sentence for aggravated identity theft; interference with sentence discretion)
- United States v. Kreitinger, 576 F.3d 500 (8th Cir. 2009) (consecutive sentence reasonable given seriousness and recidivism risk)
- United States v. Snyder, 635 F.3d 956 (7th Cir. 2011) (principle that district court must consider 3553(a) factors; clear record required)
- United States v. Neal, 512 F.3d 427 (7th Cir. 2008) (courts may not detail every argument, but must show meaningful consideration)
- United States v. Paige, 611 F.3d 397 (7th Cir. 2010) (adequate analysis of sentencing factors suffices)
- United States v. Portman, 599 F.3d 633 (7th Cir. 2010) (sentence within advisory range presumed reasonable)
- United States v. Kirkpatrick, 589 F.3d 414 (7th Cir. 2009) (start with Guidelines; avoid unwarranted disparities)
- United States v. Vallar, 635 F.3d 271 (7th Cir. 2011) (courts need not discuss every mitigating argument to be not reversible)