United States v. Carlos Castillo

This single issue appeal raises the question of whether a counterfeit currency detector found in the possession of defendant is a “counterfeiting device” which permits enhancement of a sentence under section 2B5.1(b)(2) of the Sentencing Guidelines. Although we regard it as a close question, we affirm the district court’s decision that it is.

Defendant Carlos Castillo was found guilty of unlawfully bringing approximately $8,000 in counterfeit United States currency into this country. 18 U.S.C. § 472. At sentencing, the district court concluded that defendant’s base level should be increased…