The appellant challenges the district court's imposition of a two-level sentencing enhancement pursuant to U.S.S.G. § 2B1.1(b)(9)(C) for violating a prior, specific administrative order. The district court correctly found that the appellant's prior violation of the Supplemental Nutrition Assistance Program and his acknowledgment of the violation satisfied the requirement that there be "interaction" between the agency and the defendant. A USDA warning letter meets the Sentencing Guidelines requirement that the enhancement applies applies if a defendant's offense involved a violation of a prior, specific judicial or administrative order. The sentence is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-30890, 08-30-2013.
United States v. Nash
August 30, 2013