United States v Gonzales

Gonzales appealed his sentence arguing the district court improperly enhanced his guideline range by applying a number of victims enhancement based on the people whose identities were used in a workers’ compensation scheme when Gonzales already faced a 2-year consecutive sentence based on an identity theft conviction. The panel affirmed. It held that under circuit precedent, the number of victims goes to the extent of a crime not its nature as the identity theft sentence is set at 2 years no matter how many victims there are, it is sound policy to punish schemes with many victims more harshly and other courts have reached the same conclusion about the enhancement when the defendant also faces the identity theft consecutive sentence.