153717P.pdf   11/10/2016  United States  v.  Stephen Thomas
   U.S. Court of Appeals Case No:  15-3717
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Murphy, Author, with Riley, Chief Judge, and Smith, Circuit 
   Judge] 
   Criminal case - Sentencing. The district court did not err in applying a 
   loss amount of $500 to unused credit cards seized in the offense, as 
   Guidelines Sec. 2B1.1cmt.n.3(F)(i) does not require that the device has 
   been used; neither the Supreme Court nor this court has addressed whether 
   Section 2B1.1 contains a usability requirement, and the district court did 
   not plainly error in applying the enhancement; no error in imposing an 
   organizer or leader enhancement under Guidelines Sec. 3B1.1(a); no error 
   in imposing an enhancement for obstruction of justice under Guidelines 
   Sec. 3C1.1(1) where defendant gave a false name to the police in order to 
   conceal his identity because of an outstanding warrant; no error in 
   imposing criminal history points for a 1999 conviction as the scheme 
   involved in this case commenced in 2014 and was not outside the 15-year 
   period set out in Guidelines Sec. 4A1.2(e)(1).