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U.S. v. YELLOWE

No. 93-10440.

24 F.3d 1110 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth F. YELLOWE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1994.

Attorney(s) appearing for the Case

David Kuwahara, Hilo, HI, for defendant-appellant.

Lawrence L. Tong, Asst. U.S. Atty., Honolulu, HI, for plaintiff-appellee.

Before: POOLE, CANBY, and RYMER, Circuit Judges.

Opinion by Judge RYMER.

RYMER, Circuit Judge:

This appeal requires us to decide whether Application Note 4 to U.S.S.G. § 2B1.1, providing that "loss [in cases of fraud] includes any unauthorized charges made with stolen credit cards, but in no event less than $100 per card," applies to unauthorized use of credit card numbers as well as the card itself. We hold that it does.

Kenneth Yellowe appeals his sentence after his conviction following...

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