US v. Salem, No. 09-1249
Defendant's sentence for knowingly using unauthorized access devices, more specifically, for using fraudulent bar code labels to obtain goods at Wal-Mart stores at lower prices, is vacated where the district court erred in increasing defendant's offense level for production of an unauthorized access device under U.S.S.G. section 2B1.1(b)(10)(B)(i) because no evidence was presented that he produced the fraudulent bar code labels used in his scheme.
Submitted: November 16, 2009
Filed: December 1, 2009
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