U.S. v. Hines-Flagg

In prosecution on mail fraud conspiracy charge, Dist. Ct. erred in sentencing defendant to 3-year term of incarceration based in part on 2-level enhancement under section 2B1.1(b)(10)(A) of USSG, where Dist. Ct. found that defendant had relocated her mail fraud scheme in order to evade law enforcement. While defendant’s mail fraud scheme originated in Detroit and then defendant took trips to other states to open additional fraudulent credit card accounts to obtain merchandise, record showed that her trips to other states were always part of her original scheme. Thus, there was no “relocation” as contemplated under section 2B1.1(b)(10)(A). (Dissent filed.)