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U.S. v. CABRERA

Nos. 98-4432, 98-4434.

172 F.3d 1287 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Luis CABRERA, a.k.a. Luis Rafael Cabrera, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Luis Cabrera, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 19, 1999.

Attorney(s) appearing for the Case

Kathleen M. Williams, Federal Public Defender, Jacqueline E. Shapiro, Miami, FL, for Defendant-Appellant.

Adalberto Jordan, Assistant U.S. Attorney, Alison W. Lehr, Phillip DiRosa, Miami, FL, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, BARKETT, Circuit Judge, and RONEY, Senior Circuit Judge.

HATCHETT, Chief Judge:

Appellant Luis Cabrera appeals his conviction and sentence for knowingly possessing cellular telephone cloning equipment, in violation of 18 U.S.C. § 1029(a)(4). Because the government failed to provide reliable and specific evidence regarding the fraud loss attributable to Cabrera, we vacate Cabrera's sentence and remand the case to the district court for resentencing.

I. BACKGROUND

In June 1996, a confidential informant...

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