6th Cir (Ky): USA v. Jones (ED Lexington; 4/17/2006)

USA v. Jones
CRIMINAL – Sentencing guidelines (fraud, identity thieft)
Eastern District of Kentucky at Lexington
06a0135p.06
2006/04/17

POLSTER, District Judge. Defendant-Appellant Wayne Morgan Jones (“Jones”) was sentenced to twelve months of imprisonment for defrauding and attempting to defraud a financial institution in violation of 18 U.S.C. § 1344(1) and using another person’s identity to commit this fraud in violation of 18 U.S.C. §§ 1028(a)(7) and (2). Jones appeals this sentence, arguing that the district court should have reduced his sentence pursuant to U.S. Sentencing Guidelines (“U.S.S.G”) § 5K2.23 because he had already served a one-year state sentence for the same conduct. For the reasons stated below, we AFFIRM Jones’ sentence.