United States v. Herrera, 974 F.3d 1040 (9th Cir. 2020). The court misstated the number of offense levels resulting from §2B1.1(b)(J) (loss more than $3.5 million) as 18 instead of 16. This misstatement did not constitute plain error because the total number of offense levels awarded reflected the correct number of offense levels for loss.
United States v. Herrera, 974 F.3d 1040 (9th Cir. 2020). A state government agency is a victim for purposes of §2B1.1(b)(2)(A)(i)’s number-of-victims enhancement if the agency’s losses are included in the actual loss table §2B1.1(b)(1).
United States v. Gainza, 982 F.3d 762 (9th Cir. 2020). In a fraud offense involving skimmers installed in ATMs, it was clear error to conclude, without proof of the skimmers’ success rate, that defendants obtained account information from all ATM users. The erroneous finding could not support a 12-level loss-amount increase at §2B1.1(b)(1).