United States v. Erica Hall
2013 U.S. App. LEXIS 1079
| 11th Cir. | 2013Background
- Hall pled guilty to Counts 1–3: conspiracy to commit bank fraud, conspiracy to commit identity theft and access device fraud, and unlawfully obtaining and transferring health information.
- District court applied a four-level enhancement (2B1.1(b)(2)(B)) for more than 50 but fewer than 250 victims.
- Hall argued that mere transfer or sale of identifying information does not constitute actual use for fraud, so 2B1.1(b)(2)(A) (10–50 victims) was appropriate.
- Government argued all 141 victims were affected because information was transferred and used unlawfully by conspirators.
- District court accepted the four-level enhancement and sentenced Hall, then varied downward to 14 months; Hall appeals."
- Court vacates sentence and remands for resentencing to apply correct enhancement.
- (Procedural posture noted; appellate decision addresses proper application of the victim-number enhancement)
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unauthorized transfer of IDs constitutes 'use' under 2B1.1(b)(2)(B). | Hall argues transfer alone is not 'use' and thus not §2B1.1(b)(2)(B). | Hall’s transfers were the means to fraud; district court properly applied §2B1.1(b)(2)(B). | Transfer alone is not 'use'; apply §2B1.1(b)(2)(A). |
Key Cases Cited
- United States v. Vasquez, 673 F.3d 680 (7th Cir. 2012) (unemployment benefits scheme; discussion of victims under 2B1.1(b)(2))
- United States v. Yummi, 408 F. App’x 537 (3d Cir. 2010) (discussed 2B1.1(b)(2) enhancement for multiple possession of IDs)