U.S. v. Hinds

Dist. Ct. did not err in imposing 2-level enhancement for production or trafficking in credit and debit cards under section 2B1.1(b)(11)(B)(ii) of USSG as part of his sentence on charges of conspiracies to use counterfeit devices, to possess forged securities and to commit bank fraud, after officials discovered 304 credit and debit cards in names of defendant and others involved in charged conspiracies. While defendant argued that enhancement was improper in absence of explicit finding of defendant’s intent to traffic or dispose of said cards, Dist. Ct. made necessary implicit finding that defendant and others had produced said cards in their own names in preparation for conducting other crimes so as to justify instant enhancement. Dist. Ct. erred, though, in imposing as special terms of defendant’s supervised release requirement that defendant: (1) pay for certain monthly drugs tests, where Dist. Ct. failed to make finding that defendant could afford to pay for said tests; and (2) be subjected to random searches, where record failed to contain any justification for said searches.