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Thursday, December 27, 2012

Ind. Decisions - 7th Circuit decides one Indiana case today

In US v. Earls (ND Ind., Van Bokkelen), a 16-page opinion, Circuit Judge Bauer writes:

On July 10, 2011, a jury found Fairly W. Earls (“Earls”) guilty of making a false statement on a passport application, aggravated identity theft, and knowingly transferring a stolen identification document in violation of 18 U.S.C. § 1542, § 1028A(a)(1), and § 1028(a)(2). On October 5, 2011, the district court sentenced Earls to thirty-six months’ imprisonment on Counts One and Three with a consecutive sentence of twenty-four months’ imprisonment on Count Two. Earls’ base offense level at sentencing was determined to be eight; however, through the application of a cross-reference listed in Sentencing Guidelines Section 2L2.2(c)(1)(A), Earls’ offense level was increased to fifteen. On appeal, Earls challenges the admission of certain evidence at trial, as well as his sentence. For the following reasons, we affirm.

Posted by Marcia Oddi on December 27, 2012 12:59 PM
Posted to Ind. (7th Cir.) Decisions