464 F. App'x 473
6th Cir.2012Background
- Hessa was indicted for using counterfeit access devices to defraud and pleaded guilty to five fraudulent returns, admitting hundreds of prior fraudulent returns nationwide.
- Presentence report: criminal history category II, total offense level 13, base level 6; +8 for loss, +2 for authenticating features, -3 for acceptance of responsibility.
- District court adopted the report but applied a two-level relocation enhancement under USSG § 2B1.1(b)(9)(A), over Hessa’s objection.
- With the relocation enhancement, total offense level became 15, aligning to a guideline range of 21–27 months.
- Sentence: concurrent 21-month terms on five counts, plus 2 years supervised release, $500 special assessment, and $75,000 restitution.
- Hessa appeals arguing that the court erred by (a) applying relocation or sophisticated means enhancements, and (b) double-counting by applying both enhancements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Relocation enhancement applicability | Hessa argues no evasion purpose; travel was operating method. | Hessa contends relocation enhancement should not apply absent evasion intent. | Relocation enhancement upheld; travel to many states found to evade law enforcement. |
| Sophisticated means vs relocation overlap | Hessa contends both enhancements counted; doubles the score. | Hessa argues district court used sophisticated means instead of relocation. | Court did not apply sophisticated means enhancement; double-counting claim rejected. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (Supreme Court 2007) (procedural and substantive reasonableness review of sentences)
- United States v. Brooks, 628 F.3d 791 (6th Cir. 2011) (abuse-of-discretion standard; within-guidelines presumption)