162859P.pdf   08/07/2017  United States  v.  Norman Weaver
   U.S. Court of Appeals Case No:  16-2859
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Loken, Author, with Wollman and Riley, Circuit Judges] 
   Criminal Case - sentencing. The district court did not err in imposing a 
   Guidelines enhancement under section 2B1.1(b)(11)(C)(i) (involving the 
   unauthorized transfer or use of any means of identification unlawfully to 
   produce or obtain any other means of identification). The scheme to use 
   the bank account, routing number, and payor's signature on stolen checks 
   and create counterfeit checks payable to homeless persons who were 
   recruited to pass the bogus checks at local banks, involved the transfer 
   or use of any "means of identification" to "produce" another means of 
   identification. The offense involved affirmative identity theft or 
   breeding and the victims included individual signatories whose names were 
   used to product counterfeit checks. The upward variance was not 
   substantively unreasonable and the district court did not abuse its 
   discretion in imposing sentence.