Seventh Circuit Weighs in on Aggravated Identity Theft Sentencing
The aggravated identity theft statute (18 U.S.C. §1028A) specifies a sentence of two years — no more, no less — for each violation. So, when a defendant is convicted of multiple violations of the statute, should the two-year sentences be imposed concurrently or consecutively? Today, in United States v. Dooley (No. 11-2256), the Seventh Circuit recognized that the sentencing judge has discretion in making the decision, but held that the judge must consider the factors set forth in U.S.S.G. §5G1.2 Application Note 2(B).
Dooley was convicted in three separate counts of violating §1028A, leaving the judge to choose among three sentencing options: 24 months, 48 months, or 72 months. (I leave out the effect of Dooley’s conviction of various other offenses, which did not play a significant role in the Seventh Circuit’s analysis.) In selecting the 72-month option, the judge focused on the need to avoid disparities relative to another defendant. However, the judge did not mention the Note 2(B) factors. This, the Seventh Circuit held, was plain error.