USA v. Davis

Filing 920090501

Opinion

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-30965 Summary Calendar May 1, 2009 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. THALISHA DAVIS, also known as Thalisha Smith Defendant-Appellant

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:07-CR-171-1

Before WIENER, STEWART, and CLEMENT, Circuit Judges. PER CURIAM:* Thalisha Davis pleaded guilty to two counts of making false claims and one count of theft of government property. She appeals the imposition of a two-level enhancement to her base offense level pursuant to U.S.S.G. § 2B1.1(b)(10)(C)(i). Davis argues that § 2B1.1(b)(10)(C)(i) is inapplicable

because, in providing social security numbers assigned to others in making applications for disaster relief benefits with the Federal Emergency

Management Agency, she did not use one means of identification to produce
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4.
*

No. 08-30965 another means of identification. The commentary to the Sentencing Guidelines indicates that a bank loan account number qualifies as another means of identification that can be obtained unlawfully pursuant to § 2B1.1(b)(10)(C)(i). In light of the similarity between that example and the instant application of the guideline, we hold that the district court did not plainly err. See United States v. Peltier, 505 F.3d 389, 392 (5th Cir. 2007), cert. denied, 128 S. Ct. 2959 (2008); see also § 2B1.1, cmt. n. 9(C)(ii)(I). AFFIRMED.

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