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Judge Miner http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=56970 DEFENDANT PLEADED guilty to fabricating badges and other documents used to identify New York city police officers and possessing counterfeit Uniform Price Code bar codes for fraudulent purposes. On appeal, he challenged a two-level sentencing enhancement, imposed pursuant to U.S. Sentencing Guidelines �2B1.1(b)(9)(C)(ii), and an eight-year term of supervised release. The appellate court affirmed imposition of the sentence enhancement. Despite his claims that he received permission form various police officers – but not the commissioner or department – to produce duplicate badges at their request, defendant “unlawfully” produced a “means of identification” from “other means of identification” under the enhancement’s plain meaning. Noting the government’s concession that the maximum term of supervised release was three years, the panel vacated the eight years of supervised release as erroneously imposed and remanded the matter for resentencing.

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