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U.S. v. BURNS

No. 89-50255.

894 F.2d 334 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Rodney Eugene BURNS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1990.

Attorney(s) appearing for the Case

Knut Johnson, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Judith S. Feigin and Shane Harrigan, Asst. U.S. Attys., San Diego, Cal., for plaintiff-appellee.

Before GOODWIN, Chief Circuit Judge; FARRIS and NOONAN, Circuit Judges.

PER CURIAM:

Rodney Burns pled guilty to one count of violating 18 U.S.C. § 1029(a)(2) (fraudulent use of access device) and appeals from the resulting 30-month sentence.

Using fraudulently obtained credit card numbers, Burns ordered computer equipment. Before he was apprehended, he had obtained goods for which billings exceeded $107,423. He contends inter alia that his peculations were improperly calculated because sales tax and shipping charges should...

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