Eighth Circuit· 2/17/2009

United States v. Lyons

Citations

556 F.3d 703
2009 U.S. App. LEXIS 2978
2009 WL 366606

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

leaving open whether the § 2B1.1(b)(10) enhancement applies to a defendant who produced an unauthorized access device and who also was convicted of aggravated identity theft
“Given that the plain meaning of trafficking involves a transfer, the enhancement in § 2B1.1(b)(10)(B)(i) for trafficking of an unauthorized access device is one such specific offense characteristic that cannot be applied.” (emphasis added)
“Given that the plain meaning of trafficking involves a transfer, the enhancement in § 2B1.1(b)(10)(B)(i) for trafficking of an unauthorized access device is one such specific offense characteristic that cannot be applied.” (emphasis added)
“Given that the plain meaning of trafficking involves a transfer, the enhancement in § 2B1.1(b)([11])(B)(i) for trafficking of an unauthorized access device is one such specific offense characteristic that cannot be applied” because of Application Note 2 to § 2B1.6
“Given that the plain meaning of trafficking involves a transfer, the enhancement in § 2B1.1(b)([11])(B)(i) for trafficking of an unauthorized access device is one such specific offense characteristic that cannot be applied” because of Application Note 2 to § 2B1.6

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Colloton, Piersol

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13 cases in this archive cite this case.

Cites

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