U.S. v. Zheng

Dist. Ct. erred in sentencing defendant to 61-month term of incarceration on aggravated identity theft and conspiracy to misuse Social Security number charges, where said sentence was based in part on two-level enhancement for fraudulent use of foreign passport. Under sentencing guidelines, Dist. Ct. could not impose said enhancement where, as here, defendant was convicted of aggravated identity theft, which had two-year mandatory consecutive sentence that already accounted for misuse of “means of identification” that in turn involved misuse of foreign passport at issue in enhancement.