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Second Circuit — Identity Theft: United States v. Chibuko
Daily Record Staff//March 17, 2014//
Listen to this articleU.S. Court of Appeals for the Second Circuit
Sentencing — Concurrent — Similar Scheme and Victim
United States v. Chibuko
12-39-cr
Judges Katzman, Kearse and Wesley
Background: The defendant was convicted for various fraud crimes including three counts of aggravated identity theft. He was sentenced to three consecutive two year terms under the statute.
Ruling: The Second Circuit affirmed the conviction but remanded for resentencing. The court held that under the Sentencing Guidelines the sentences for identity theft should run concurrently with each other when the underlying offenses are part of the same scheme and involve the same victim.
Devin McLaughlin of Langrock Sperry & Wool for the defendant-appellant; Sarala V. Nagala, assistant United States attorney, for the appellee
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