United States v. Kleiner, 765 F.3d 155

Kleiner pleaded guilty to bank fraud and was sentenced to 24 months in prison.
The offense involved Kleiner using Richard J. Butler, Jr.’s identity to schedule and execute a $74,000 withdrawal from TD Bank in Vermont.
Kleiner presented a counterfeit New Jersey driver’s license bearing his photograph but Butler’s name and details.
The Presentence Report added two Guidelines enhancements: (i) a two-level increase for unauthorized transfer or use of identification to obtain another identification, and (ii) an eight-level increase for intended loss over $70,000 but under $120,000.
Kleiner challenged the § 2B1.1(b)(ll)(C)(i) enhancement, arguing it does not apply where a person copies identifying information onto a counterfeit document.
The district court adopted the Probation Department’s calculation and relied in part on United States v. Newsome, which held a counterfeit license can be a means of identification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 2Bl.l(b)(ll)(C)(i) applies to copying a means of identification onto a counterfeit license	Kleiner argues duplication onto a counterfeit license yields no new means of identification.	United States argues copying creates an 'other means of identification' under the Guideline.	Yes; duplication constitutes a means of identification and supports the enhancement.

United States v. Cavera, 550 F.3d 180 (2d Cir. 2008) (en banc review of procedural error in Guideline calculations)
United States v. Sash, 396 F.3d 515 (2d Cir. 2005) (duplication of police badges can be a means of identification under § 2B1.1(b)(ll)(C)(ii))
United States v. Newsome, 439 F.3d 181 (3d Cir. 2006) (counterfeit license deemed a means of identification)
United States v. Melendrez, 389 F.3d 829 (9th Cir. 2004) (duplication of identification supports § 2B1.1(b)(ll)(C) enhancement)
United States v. Hawes, 523 F.3d 245 (3d Cir. 2008) (address/mailing changes alone do not establish means of identification)