United States v. Butler
Court of Appeals for the Eighth Circuit
1Opinion of the Court
WOLLMAN, Circuit Judge.
A jury found Kendrick Butler guilty of six counts of bank fraud, in violation of 18 U.S.C. §§ 2 and 1344. The district court sentenced him to 80 months’ imprisonment. He appeals, arguing that the district court erred by applying (1) a two-level increase for possession or use of any device-making equipment or the production or trafficking of any unauthorized access device or counterfeit access device, U.S.S.G. § 2Bl.l(b)(10) (2009); and (2) a three-level increase for his aggravating role as a manager or supervisor, id. § 3Bl.l(b). We vacate Butler’s sentence and remand…
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