Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Carver

United States Court of Appeals, Fourth Circuit

February 26, 2019

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
KEITH WAYNE CARVER, JR., Defendant-Appellant.

          Argued: January 31, 2019

          Appeal from the United States District Court for the District of South Carolina, at Greenville. Timothy M. Cain, District Judge. (6:16-cr-00281-TMC-1)

         ARGUED:

          Emily Deck Harrill, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbia, South Carolina, for Appellant.

          Elizabeth Jeanne Howard, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, North Carolina, for Appellee.

         ON BRIEF:

          Sherri A. Lydon, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

          Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

          WILKINSON, CIRCUIT JUDGE

         Keith Carver entered a guilty plea in 2016 on two counts: possession of at least fifteen access devices with intent to defraud and possession of device-making equipment with intent to defraud. Later, in 2017, he pled guilty to an Information alleging aggravated identity theft. In this appeal, Carver challenges the validity of the latter guilty plea. He also challenges various aspects of sentencing for the first two counts, including the calculated amount of loss, the number of victims, and the district court's refusal to grant him an acceptance of responsibility reduction. For the following reasons, we affirm.

         I.

         What happens in Vegas may stay in Vegas, but during John Emmert's visit there in 2015 he learned he was somehow also staying in Greenville, South Carolina-or at least, his credit card was. Alarmed, he called the hotel, and hotel staff called the police. After a little detective work, officers Jeffrey Long and Mike Dean obtained a warrant and searched the room that Emmert had purportedly used his credit card to pay for. Keith Carver and Haidee Gillespie were inside, as well as an encoder machine (also called an "overwriter"), driver's licenses in various names, banking paperwork, more than fifty gift and credit cards under various names, drug paraphernalia, and a laptop computer. Later, Carolyn Root, a recent burglary victim, identified the laptop and some cards and paperwork as hers. The officers arrested Carver. A grand jury indicted him on three counts, and in September 2016, he pled guilty to two counts: possession of at least fifteen access devices with intent to defraud in violation of 18 U.S.C. § 1029(a)(2) and (3), and possession of device-making equipment with intent to defraud, in violation of 18 U.S.C. § 1029(a)(2) and (4).

         Carver initially planned to go to trial on a third count for aggravated identity theft under 18 U.S.C. § 1028A. Upon reflection, and after learning that going to trial could affect his prospects for an offense level reduction for acceptance of responsibility, Carver pled guilty to an Information alleging aggravated identity theft (the only difference between the Information and Count 3 of the indictment being the name of the victim).

         The Presentence Investigation Report calculated a base offense level of six for Counts 1 and 2. Because the offense involved the use of device-making equipment, the PSR added two levels under United States Sentencing Guidelines Manual § 2B1.1(b)(11)(A)(i). In addition, the PSR recommended a four-level enhancement because the amount of loss was between $15, 000 and $40, 000 under U.S.S.G. § 2B1.1(b)(1)(C). The amount of loss figure was calculated under U.S.S.G. § 2B1.1 cmt. n.3(F)(i), which instructs that the loss per access device is always at least $500. Relying on this, the PSR multiplied the number of cards found during the search of Carver's room (fifty-three) by $500, then added the amounts which were more than $500 that were charged on two devices ($540 and $1, 342). The total was $28, 382. The PSR next concluded the offense involved twenty-seven victims; because this number exceeds ten, that conclusion increased Carver's offense level by ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.