United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 20, 2007
Charles R. Fulbruge III
Clerk
No. 05-41379
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MINERVA RUBIO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:05-CR-231-ALL
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Before GARWOOD, DeMOSS and BENAVIDES, Circuit Judges.
PER CURIAM:*
Minerva Rubio pleaded guilty to one count of identity theft,
in violation of 18 U.S.C. § 1028(a)(7) and (b)(1)(D). She argues
that the district court erroneously calculated her sentencing
guideline range by applying a two-level enhancement pursuant to
U.S.S.G. § 2B1.1(b)(9) for the use of sophisticated means.
Rubio’s offense included a repetitive scheme, access and use of
multiple credit and bank accounts, repetitive misrepresentations
in person and telephonically to obtain goods and services, the
concealment of criminal activity by accessing bank and credit
*
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this opinion should not be published and is not precedent except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. 05-41379
-2-
accounts and misdirecting mail, and the creation, copying, and
transmission of false identification. Viewed in its entirety,
the scheme involved sophisticated means even if some of aspects
of Rubio’s offense were not sophisticated, and the district court
did not clearly err. See United States v. Clements, 73 F.3d
1330, 1340 (5th Cir. 1996).
AFFIRMED.