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United States v. Harris

There is nothing that indicates, with the confidence needed to satisfy the standard of harmless error review on this issue, that the district court would have sentenced appellant to 60 months' imprisonment if it had calculated his guidelines range correctly. Therefore, appellant's sentence is vacated and remanded to the district court, so that it may sentence him after considering the correct guidelines range for his offense, 51-60 months. 5th U.S. Circuit Court of Appeals, Nos. 08-11121 & 08-11151, 02-09-2010

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Before GARWOOD, DAVIS, and DENNIS, Circuit Judges.

Defendant-Appellant Andrea Renee Harris (Harris) pleaded guilty to one count of bank fraud, in violation of 18 U.S.C. § 1344,*fn1 on March 18, 2008, and was sentenced in November 2008. On July 15, 2008, in an unrelated case, Defendant-Appellant DeMarquis LaDelle Williams (Williams) pleaded guilty to one count of conspiracy to traffic in or use unauthorized access devices, in violation 18 U.S.C. §§ 371*fn2 and 1029(a)(2), and was sentenced on December 3, 2008.*fn3 Both Harris and Williams appeal their sentences only, arguing that the respective district courts erred in using the aggregate credit limits of the credit cards compromised by their crimes to calculate the amount of loss under section 2B1.1 of the Sentencing Guidelines.*fn4 Williams also argues that the district court erred in finding that there were sixty-three victims of his offense within the meaning of the Guidelines, when only eight of these institutions suffered actual losses.

In September 2009, the two cases were consolidated at the direction of this court for the purpose of oral argument.

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