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U.S. v. BANKS

No. 02-16866.

347 F.3d 1266 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Allen BANKS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Decided October 20, 2003.

Attorney(s) appearing for the Case

Paul S. Kish and Stephanie Kearns, Federal Public Defenders, Federal Defender Program, Inc., Atlanta, GA, for Defendant-Appellant.

Lawrence R. Sommerfeld, Amy Levin Weil, Atlanta, GA, for Plaintiff-Appellee.

Before TJOFLAT, BIRCH and GOODWIN, Circuit Judges.

GOODWIN, Circuit Judge:

Richard Allen Banks pled guilty to six counts of fraud in violation of 18 U.S.C. § 1029 (purchase of goods by use of credit cards issued to others) and appeals his sentence, claiming that his release on bond after giving a false name and identification document at arrest does not justify a sentence enhancement for obstruction of justice under the U.S. Sentencing Guidelines Manual § 3C1.1 (2000). Because the application notes following...

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