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U.S. v. ONYESOH

No. 10-50480.

674 F.3d 1157 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Leslie N. ONYESOH, an individual, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 4, 2012.

Attorney(s) appearing for the Case

Hassan Gorguinpour (argued), Law Office of Hassan Gorguinpour, Cerritos, CA, and Mark Yanis , Huntington Beach, CA, for the defendant-appellant.

Amanda Miller Bettinelli (argued) and Curtis Arthur Kin , Office of the U.S. Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before: WILLIAM A. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and JACK ZOUHARY, District Judge.

OPINION

ZOUHARY, District Judge:

INTRODUCTION

This appeal addresses access device fraud under 18 U.S.C. § 1029 and, specifically, whether the Government must prove the usability of an expired credit card number in order for a district court to enhance a sentence. We find evidence of usability is required and vacate the sentence because the Government failed to carry its burden.

BACKGROUND...

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