Académique Documents
Professionnel Documents
Culture Documents
No. 08-4933
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg.
Henry M. Herlong, Jr., Senior
District Judge. (7:07-cr-01463-HMH-1)
Argued:
Decided:
January 6, 2011
Nicole
Garrett
appeals
her
81-month
criminal
We affirm.
I
used
his
social
security
number
to
obtain
multiple
With these
$90,000.
She
also
established
business
in
relationship
with
Rivera
and
to
have
had
his
of
access
device
fraud
(Count
1),
18
see
U.S.C.
see
18
U.S.C.
1001(a)(3).
In
the
PSR,
the
probation
recommended
history
category
total
of
III.
offense
These
2
level
of
16
and
recommendations
criminal
yielded
an
advisory
guidelines
range
of
27-33
months.
The
probation
In response, the
days
before
her
federal
Garrett
had
traveled
(in
The
see
Garrett
again
when
she
was
on
supervised
release
concurrently,
rather
than
consecutively,
to
one
another.
are
appropriate
commentary to 5G1.2.
under
the
factors
listed
in
the
that
there
is
nothing
to
warrant
consecutive
Supp. J.A. 6.
and
it
recited
the
5G1.2
commentary
factors.
Supp. J.A. at 7.
5
II
We review a criminal sentence for reasonableness under an
abuse-of-discretion standard.
38, 51 (2007).
concurrent
33-month
sentences
on
Counts
and
4.
Moreover, she does not challenge the fact that 1028A requires
that she receive a 24-month consecutive sentence for at least
one of her identity theft convictions.
we
have
noted,
district
court
must
consider
the
to
impose
consecutive
or
concurrent
sentences
for
decision
1028A.
to
impose
consecutive
sentences
pursuant
to
we
Puckett
United
v.
conclude
that
States,
the
129
S.
error
Ct.
is
harmless.
1423,
1432
See
(2009)
substantial
and
injurious
effect
or
influence
on
the
result and we can say with fair assurance that the district
courts
would
explicit
not
consideration
have
affected
of
the
the
defendants
sentence
arguments
imposed
(internal
Cir.),
cert.
denied,
131
S.
Ct.
279
(2010)
(sentencing
to
which
[the
defendant]
would
otherwise
be
subject
noted
that
it
had
discretion
to
impose
consecutive
or
It is readily
apparent
from
both
sentencing
hearings
that
in
fashioning
seriousness
of
her
crimes,
her
lengthy
criminal
record
fair
committed
assurance
in
explaining
that
any
its
error
basis
for
the
court
imposing
may
have
consecutive
present
case,
and
remand
for
resentencing
would
be
III
The district court had the authority to impose consecutive
sentences on the 1028A convictions and sentence Garrett to 81
months, and that sentence does not appear to be unreasonable
based
on
the
record
before
us.
Accordingly,
we
affirm
the
sentence.
AFFIRMED