In October 2010, Meyer & O’Connor, LLC obtained a below guidelines sentence in an identity theft/wire fraud/illegal access case.
The firm’s client was charged with six counts of wire fraud, two counts of aggravated identity theft and one count of illegally accessing a computer to obtain consumer information. After a presentation by the firm, the government agreed to resolve the case with a guilty plea to one count of wire fraud (with other wrongful transactions treated as relevant conduct) and dropped its prior insistence that the firm’s client also plead guilty to an aggravated identity theft count (which would have added a mandatory consecutive twenty four month prison term to the client’s sentence).
The resulting advisory sentencing range under the Sentencing Guidelines was 57-71 months. The Court imposed a 48 month sentence, below the applicable advisory range but in the middle of the more generous range that would have applied had the firm’s client been sentenced under the Guidelines in effect at the time of the offense as opposed to the Guidelines in effect at the time of sentencing, which in fact governed the sentencing.
Timothy P. O’Connor represented the firm’s client.