UNITED STATES v. BARROGO

No. 21-10228.

59 F.4th 440 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Marites M. BARROGO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2023.


Attorney(s) appearing for the Case

Kathryn A. Young (argued), Deputy Federal Public Defender; Cuauhtemoc Ortega, Federal Public Defender, Federal Public Defender's Office, Los Angeles, California; for Defendant-Appellant.

Benjamin K. Petersburg (argued), Assistant United States Attorney; Shawn N. Anderson, United States Attorney, Office of the United States Attorney, Hagatna, Guam; for Plaintiff-Appellee.

Before: Mary M. Schroeder, Johnnie B. Rawlinson, and Daniel A. Bress, Circuit Judges.


OPINION

In this criminal case involving the unauthorized use of federal food stamp benefits, we principally consider whether the district court properly imposed a two-level sentencing enhancement for the defendant's misuse of an "authentication feature." U.S.S.G. § 2B1.1(b)(11)(A)(ii). We hold that a personal...

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