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.
073353P.pdf 05/29/2008 United States v. Michael Kowal
U.S. Court of Appeals Case No: 07-3353
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Murphy, Author, with Colloton and Shepherd, Circuit Judges]
Criminal case - Criminal law and sentencing. Language used in 18
U.S.C. Sec. 1028A(a)(1) for aggravated identity theft does not require
that the stolen identity be that of a living person; district court did
not err in calculating the loss involved in defendant's credit card fraud;
court did not err in imposing enhancements for obtaining the cards with
intent to defraud the issuers or for defrauding more than 10 issuers; no
error in departing upwards under Guidelines Sec. 2B1.1, Application Notes
20A(i) and (ii); sentence was not unreasonable.