U.S. v. CRUZ

Nos. 11-12568, 11-12441.

713 F.3d 600 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Jose CRUZ, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Lisandra Cruz, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 26, 2013.


Attorney(s) appearing for the Case

Olivia Choe , Wifredo A. Ferrer , Michael J. O'Leary , Lisa Tobin Rubio , Kathleen Mary Salyer , Anne Ruth Schultz , Emily M. Smachetti , Christopher Parente , U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Michael Caruso , Jan Christopher Smith, II , Fed. Pub. Defenders, Miami, FL, Timothy Cone , Fed. Pub. Def., Fort Lauderdale, FL, for Defendant-Appellant Jose Cruz.

Israel Jose Encinosa (Court-Appointed), Miami, FL, for Defendant-Appellant Lisandra Cruz.

Before CARNES and BLACK, Circuit Judges, and RESTANI, Judge.


BLACK, Circuit Judge:

We address two Sentencing Guidelines issues which are questions of first impression in this Circuit. First, Jose and Lisandra Cruz assert the district court erred in enhancing their sentences under U.S.S.G. § 2B1.1(b)(10),1 for the use or possession of device-making equipment as they were already subject to a two-year mandatory sentence under 18 U.S.C. § 1028A for aggravated identity theft.

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