United States v. Gonzalez Becerra

OPINION

MURPHY, Circuit Judge:

I. INTRODUCTION

Carlos Gonzalez Becerra pleaded guilty to possessing stolen mail, in violation of 18 U.S.C. § 1708. In calculating his advisory sentencing range under the United States Sentencing Guidelines, the district court increased Gonzalez Becerra’s offense level by four because the offense “involved 50 or more victims.” U.S.S.G. § 2B1.1(b)(2)(B). The district court relied on the commentary to § 2B1.1, which provides that the term “victim” encompasses “any person who was the intended recipient, or addressee, of ... undelivered United States mail.” Id. § 2B1.1…