U.S. v. Vasquez

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 11-1373
Decision Date: 
March 12, 2012
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not commit plain error in sentencing defendant to 96-month term of incarceration on mail fraud charge arising out of defendant's role in scheme to defraud Ill. Dept. of Security by submitting applications for unemployment benefits from aliens that contained social security numbers from unsuspecting law-abiding citizens. Record supported Dist. Ct.'s application of organizer enhancement under section 3B1.1(a) of USSG, where record showed that defendant exercised near total control over submission of applications and had received large share of proceeds of her criminal activity. Dist. Ct. could also apply enhancements for identity theft under section 2B1.1(B)(10)(C)(i) of USSG and for fact that instant scheme involved more than 50 victims even though defendant was charged with only eight counts of mail fraud.