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.