Professional Documents
Culture Documents
No. 12-4132
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:11-cr-00085-TDS-5)
Submitted:
Decided:
PER CURIAM:
Wen Bin Chen appeals from his fifty-six-month sentence
imposed
access
pursuant
device
conspiracy
to
his
fraud
involved
and
guilty
plea
aggravated
obtaining
to
conspiracy
identity
credit
card
to
commit
theft.
account
Chens
numbers
in
order to make credit cards with fictitious names and then using
the counterfeit credit cards to purchase gift cards.
On appeal,
We affirm.
When reviewing the district courts application of the
Sentencing
Guidelines,
we
review
findings
of
fact
for
clear
Guidelines
Manual
2B1.1
cmt.
n.3(C)
U.S.
(2011).
all
reasonably
foreseeable
acts
and
omissions
See United
of
Chen
does
not
dispute
participation
in
the
factual
the
evidence
conspiracy,
but
the
credit
card
numbers
of
the
rather
scope
of
his
disputes
the
in
his
co-conspirators
sole
fraudulent
cards.
According
to
Chen,
the
evidence
only
ongoing basis, and thus, he knew or should have known that the
credit
cards
in
his
possession
or
in
the
possession
of
the
The
of
counterfeit
numbers
of
gift
conclusion
that
credit
cards.
the
cards
used
Accordingly,
419
recovered
to
the
credit
purchase
district
card
large
courts
numbers
were
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
We dispense with
contentions
the
court
are
and