Background

• Salahmand pretended to be a licensed physician and treated hundreds of patients, including many minors, without any medical credentials or licenses.
• He pled guilty to one count of identity theft based on using a licensed doctor’s name and DEA number to distribute Schedule II drugs.
• The district court added a 4-level increase for having 50 or more victims and a 2-level increase for vulnerable victims, plus a 6-level base and a 6-level loss-based adjustment under § 2B1.1, and a 2-level reduction for acceptance of responsibility.
• The court then included relevant conduct (treating patients and prescribing medications) in calculating the advisory Guidelines range, applying § 3A1.1(b)(1) for vulnerable victims.
• Salahmand objected that § 3A1.1(b)(1) applies only to victims of the offense of conviction under § 2B1.1, not to victims of relevant conduct.
• The district court convicted Salahmand with a guideline range of 24–30 months but sentenced him to 13 months, partly for jail-time credit and plea considerations.

Issues

Key Cases Cited

• United States v. Smith, 374 F.3d 1240 (D.C. Cir. 2004) (vulnerable victims can be victims of relevant conduct for § 3A1.1)
• Kennedy v. United States, 554 F.3d 415 (3d Cir. 2009) (supports broad victim definition for § 3A1.1(b))
• United States v. Zats, 298 F.3d 182 (3d Cir. 2002) (victim status extends to relevant conduct)
• United States v. Haggard, 41 F.3d 1320 (9th Cir. 1994) (relevant conduct can generate § 3A1.1 adjustments)
• United States v. Yount, 960 F.2d 955 (11th Cir. 1992) (vulnerability extends beyond offense of conviction)
• United States v. Smith, 374 F.3d 1240 (D.C. Cir. 2004) (discusses linkage of Add'l § 3A1.1 to relevant conduct)
• United States v. Gill, 99 F.3d 484 (1st Cir. 1996) (illustrates broader victim concept under § 3A1.1)