United States v. Crystal Moore

WIENER, Circuit Judge:

Defendant-Appellant Crystal Denise Moore (“Moore”) appeals her sentence for a conspiracy that involved, inter alia, theft of United States Postal Service (“Postal Service”) mail from a “collection box.” She contends that the district court erred in calculating her offense level. Moore’s appeal presents an interpretation issue of first impression regarding Application Note 4(C)(ii)(I) to Guideline § 2B1.1 (“the Note” or “sub-sub-paragraph I”). We hold that the Note permits the district court to presume that there were at least 50 victims when calculating an offense level…