U.S. v. Rabiu

Dist. Ct. did not err in sentencing defendant to 78-month term of incarceration on bank fraud charge, as well as 24-month consecutive sentence for aggravated identify theft, based on scheme to acquire personal information from bank customers and to use said information to divert funds into accounts controlled by defendant. Although said sentences were improperly enhanced on expanded version of term “victim” that was in effect in guidelines at time of sentencing, as opposed to narrower version that was in effect at time defendant committed charged offense, any overstatement regarding number of victims was harmless error where record is clear that Dist. Ct. would have imposed same sentence under narrower definition of victim.