United States v. Eddy Martinez

Eddy Martinez appeals his total sentence, consisting of consecutive terms of time-served and 24 months’ imprisonment, imposed upon his convictions for fraud in connection with access devices, in violation of 18 U.S.C. § 1029(a)(1); attempted fraud in connection with access devices, in violation of 18 U.S.C. § 1029(a)(2), (b)(1); and aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(l). On appeal, Martinez first argues that the probation officer’s failure to complete an interview with him in preparing the presentence investigation report (“PSI”) constituted plain error. Second,…