DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

073216P.pdf   02/17/2009  United States  v.  Arvey Lyons, Jr.
   U.S. Court of Appeals Case No:  07-3216
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Loken, Chief Judge, and
   Piersol, District Judge]
Criminal case - Sentencing. Evidence adequately supported the district court's finding that defendant was accountable for a loss in the amount of more than $5,000; district court did not err in finding defendant was not a minor participant in the scheme; district court erred in increasing defendant's offense level pursuant to Guidelines Sec. 2B1.1(b)(10)(B) on the ground the conspiracy involved the production or trafficking of a counterfeit access device as there was not sufficient evidence to show defendant was accountable for trafficking in an unauthorized or counterfeit access device; case remanded for resentencing.