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United States of America v. Rocio Ortiz

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Submitted: October 19, 2010

Before RILEY, Chief Judge, BYE and MELLOY, Circuit Judges.

Caught with a van load of shoplifted merchandise, Rocio Ortiz pled guilty to interstate transportation of stolen property, in violation of 18 U.S.C. §§ 2314 and 2. The district court*fn1 found Ortiz was involved in a sophisticated national shoplifting ring, which moved around the United States stealing from retail stores. Ortiz appeals her sentence, arguing the district court erred in (1) permitting testimony from representatives of victim stores regarding the overall losses the stores experience nationally from organized shoplifting enterprises, (2) departing upward from a United States Sentencing Guidelines (U.S.S.G. or Guidelines) range of 41 to 51 months imprisonment to 105 months, and (3) making an improper sentencing assessment in support of the district court’s alternative variance from the Guidelines. We affirm.

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