United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 21, 2004
Charles R. Fulbruge III
Clerk
No. 03-10716
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JANICE WILLIAMS
Defendant - Appellant
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:02-CR-191-ALL-Y
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Before KING, Chief Judge, and DeMOSS and STEWART, Circuit Judges.
PER CURIAM:*
Janice Williams appeals the 18-month sentence imposed
following her guilty-plea conviction for one count of false
representation of a Social Security account number in violation
of 42 U.S.C. § 408(a)(7)(B). In sentencing Williams, the
district court departed upward from the eight to 14 month
sentencing range determined pursuant to the United States
Sentencing Guidelines. Williams argues that the district court
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 03-10716
-2-
relied on improper factors in departing upward. Williams also
moves for expedited review of this appeal; that motion is DENIED.
Williams’s offense level was established based on the extent
of the monetary harm to her institutional victims. At
sentencing, the district court stated that it intended to depart
upward because the guideline calculations did not adequately
reflect the harm caused to Williams’s individual victims whose
credit had been impaired on account of Williams’s identity theft.
Because this harm represents an aggravating factor that is not
adequately taken into account by the relevant guideline, U.S.S.G.
§ 2F1.1 (1997), which establishes an offense level on the basis
of monetary harm, the district court relied on a proper factor in
deciding to depart upward. See 18 U.S.C. § 3553(b); U.S.S.G.
§ 2F1.1 (comment., n.(10)).
AFFIRMED.