IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 1, 2009
No. 08-30965
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
THALISHA DAVIS, also known as Thalisha Smith
Defendant-Appellant
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:07-CR-171-1
Before WIENER, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
Thalisha Davis pleaded guilty to two counts of making false claims and
one count of theft of government property. She appeals the imposition of a
two-level enhancement to her base offense level pursuant to U.S.S.G.
§ 2B1.1(b)(10)(C)(i). Davis argues that § 2B1.1(b)(10)(C)(i) is inapplicable
because, in providing social security numbers assigned to others in making
applications for disaster relief benefits with the Federal Emergency
Management Agency, she did not use one means of identification to produce
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-30965
another means of identification. The commentary to the Sentencing Guidelines
indicates that a bank loan account number qualifies as another means of
identification that can be obtained unlawfully pursuant to § 2B1.1(b)(10)(C)(i).
In light of the similarity between that example and the instant application of the
guideline, we hold that the district court did not plainly err. See United States
v. Peltier, 505 F.3d 389, 392 (5th Cir. 2007), cert. denied, 128 S. Ct. 2959 (2008);
see also § 2B1.1, cmt. n. 9(C)(ii)(I).
AFFIRMED.
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