U.S. v. Thi

Dist. Ct. did not err in sentencing defendant to below-guidelines, 36-month term of incarceration on bank fraud charge stemming from scheme in which defendant and her boyfriend stole debit-card information from customers from her nail salon and used that information to make unauthorized ATM withdrawals. While defendant argued that Dist. Ct. inadequately considered her argument that term of incarceration, as opposed to home confinement, would work undue hardship on her young daughter, record showed that Dist. Ct. understood defendant’s argument, but rejected it on its merits. Ct. also rejected defendant’s argument that lower sentence was warranted because others in scheme were primary perpetrators, where Ct. found that defendant knew that debit-card information was being trafficked and participated in scheme by stealing information from customers and siphoning money from their bank accounts.