U.S. v. TRUONG

No. 08-10446.

587 F.3d 1049 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy TRUONG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 1, 2009.


Attorney(s) appearing for the Case

Lawrence G. Brown, Acting United States Attorney, and Matthew D. Segal (argued), Assistant United States Attorney, Office of the United States Attorney, Sacramento, CA, for the plaintiff-appellee.

Joseph J. Wiseman (argued), Law Offices of Joseph J. Wiseman, Davis, CA, for the defendant-appellant.

Before: B. FLETCHER, WILLIAM C. CANBY, JR. and SUSAN P. GRABER, Circuit Judges.


PER CURIAM:

Defendant Timothy Truong appeals his ten year sentence for possessing fifteen or more unauthorized access devices with intent to defraud. He argues that by treating retail gift cards as access devices, the district court wrongly calculated the advisory sentence under the Guidelines. He also argues that the sentence the district court imposed was unreasonable. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I. Background

The...

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