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United States v. Harris

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Before GARWOOD, DAVIS, and DENNIS, Circuit Judges.

Defendant-Appellant Andrea Renee Harris (Harris) pleaded guilty to one count of bank fraud, in violation of 18 U.S.C. § 1344,*fn1 on March 18, 2008, and was sentenced in November 2008. On July 15, 2008, in an unrelated case, Defendant-Appellant DeMarquis LaDelle Williams (Williams) pleaded guilty to one count of conspiracy to traffic in or use unauthorized access devices, in violation 18 U.S.C. §§ 371*fn2 and 1029(a)(2), and was sentenced on December 3, 2008.*fn3 Both Harris and Williams appeal their sentences only, arguing that the respective district courts erred in using the aggregate credit limits of the credit cards compromised by their crimes to calculate the amount of loss under section 2B1.1 of the Sentencing Guidelines.*fn4 Williams also argues that the district court erred in finding that there were sixty-three victims of his offense within the meaning of the Guidelines, when only eight of these institutions suffered actual losses.

In September 2009, the two cases were consolidated at the direction of this court for the purpose of oral argument.

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