U.S. v. King

Dist. Ct. did not err in imposing instant, below-guidelines 54-month term of incarceration on access device fraud and aggravated identify theft charges, after making correct calculation of sentencing range and then considering sentencing factors under 3553(a). Applicable sentencing range had minimum sentence of 81 months, and Ct. rejected defendant’s claim that instant guideline calculation violated “parsimony principle” set forth in section 3553(a), which instructs Dist. Ct. to impose sentence that was sufficient, but not greater than necessary, because, according to defendant, Dist. Ct. should have been able to reduce $500 minimum loss per access device standard set forth in sentencing guideline and use parsimony principle second time after reduced guideline sentencing range has been calculated. As such, Ct. found that parsimony principle applies only after Dist. Ct. reaches final decision on guideline range under section 3553(a), but does not apply to modify guideline itself.