Legal Opinion
United States v. Onyesoh
Court of Appeals for the Ninth Circuit
Decided April 4, 2012No. 10-50480PublishedCited by 17 opinions
1Opinion of the Court
OPINION
ZOUHARY, District Judge:
Introduction
This appeal addresses access device fraud under 18 U.S.C. § 1029 and, specifically, whether the Government must prove the usability of an expired credit card number in order for a district court to enhance a sentence. We find evidence of usability is required and vacate the sentence because the Government failed to carry its burden.
Background
In May 2009, postal agents conducted a search of Defendant-Appellant Leslie Onyesoh’s (“Defendant”) home resulting in the discovery of, among other things, stolen mail, credit cards, and a spreadsheet containing…
2Cases cited10 opinions
- TRW Inc. v. AndrewsSupreme Court of the United States · 2001
- United States v. Edward CarranzaCourt of Appeals for the Ninth Circuit · 2002
- United States v. CazaresCourt of Appeals for the Ninth Circuit · 1997
- United States v. GarroCourt of Appeals for the Ninth Circuit · 2008
- United States v. DabbsCourt of Appeals for the Eleventh Circuit · 1998
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. ReedColorado Court of Appeals · 2013
- United States v. Jimmie MoonCourt of Appeals for the Sixth Circuit · 2015
- United States v. Keith Carver, Jr.Court of Appeals for the Fourth Circuit · 2019
- United States v. Karl PopovskiCourt of Appeals for the Seventh Circuit · 2017
- United States v. RuedaCourt of Appeals for the First Circuit · 2019
12 more not listed; retrieve them via the Exa API.