text:
United States v. Barsumyan, 517 F.3d 1154 (9th Cir. 2008)
Court of Appeals for the Ninth Circuit
Filed: February 28th, 2008
Precedential Status: Precedential
Citations: 517 F.3d 1154
Docket Number: 07-50251
Author: Joseph Jerome Farris

517 F.3d 1154 (2008)
UNITED STATES of America, Plaintiff-Appellee,
v.
Aram BARSUMYAN, aka Seal A(1), Defendant-Appellant.

No. 07-50251.
United States Court of Appeals, Ninth Circuit.

Argued and Submitted January 10, 2008.
Filed February 28, 2008.
*1155 Davina T. Chen, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Alexander A. Bustamante and Anne Voights, Assistant United States Attorneys, Major Frauds Section, Los Angeles, CA, for the plaintiff-appellee.

Before: JEROME FARRIS and MILAN D. SMITH, JR., Circuit Judges, and H. RUSSEL HOLLAND,[*] District Judge.

MILAN D. SMITH, JR., Circuit Judge:

Defendant-Appellant Aram Barsumyan appeals the sentence imposed by the district court following his guilty plea to one count of possession of device-making equipment under 18 U.S.C. § 1029(a)(4). Barsumyan contends that his 21-month prison sentence was unreasonable because the operation of U.S.S.G. § 2B1.1(b)(10) effected a 6-level increase in his offense level. Barsumyan also argues that the sentencing court impermissibly imposed two conditions of supervised release: a restriction on "access[ing] or possess[ing] any computer or computer-related devices in any manner," and a requirement that, if he is deported and reenters the country, he report to the United States Probation Office. We affirm the sentence and reporting condition, but reverse and vacate the computer restriction and remand to the district court for reconsideration of that condition.

Facts, Procedural History, and Jurisdiction

In October 2005, an informant cooperating with the United States Secret Service charged that Defendant-Appellant Aram Barsumyan was involved in schemes to manufacture counterfeit credit cards. Barsumyan told this informant that he was interested in making contacts to help him engage in various kinds of credit card fraud. The informant agreed to introduce Barsumyan to a hotel employee, who, unbeknown *1156 to Barsumyan, was an undercover Secret Service Case Agent. During an arranged meeting, the Agent told Barsumyan that, in the course of her duties at the hotel, she had access to guests' credit cards. Barsumyan gave the Agent a "skimming device,"[1] and asked her to covertly "skim" the hotel guests' credit cards when they registered. The Agent was instructed to then return the device to Barsumyan. He then promised her that for every ten credit card numbers she captured on the device, he would give her two "high quality" counterfeit credit cards.

The following month, the Agent returned the skimming device to Barsumyan, loaded with ten credit card numbers. At a subsequent rendezvous, Barsumyan gave the Agent one counterfeit credit card. When the Agent asked for the promised second card, Barsumyan told her that she was only getting one, because she had only given him six credit card numbers on the skimmer. He also told her that in light of her breach of their understanding, he was altering the deal: thereafter, he would require twenty-five numbers if she wanted an additional card. He then returned the skimming device to the Agent.

Barsumyan was arrested and indicted for one count of producing, using, and trafficking in a counterfeit credit card, 18 U.S.C. § 1029(a)(1), and three counts of possession of device-making equipment, 18 U.S.C. § 1029(a)(4).[2] Pursuant to a plea agreement, Barsumyan pleaded guilty to one count of possession of device-making equipment. The agreement contemplated a base offense level of 6, pursuant to U.S.S.G. § 2B1.1(a)(2), with a 2-level increase pursuant to U.S.S.G. § 2B1.1(b)(10)(A)(i) for possession of device-making equipment. The government also agreed to recommend a sentence at the low end of the applicable range, as long as the total offense level was 8 or lower.

U.S.S.G. § 2B1.1(b)(10), however, not only mandates a 2-level increase in all cases, but also requires that "[i]f the resulting offense level is less than level 12, increase to level 12." Section 2B1.1(b)(10) therefore effectively increased Barsumyan's offense level by six levels. The Presentence Report recommended a 2-level downward adjustment for acceptance of responsibility, yielding a total offense level of 10. Barsumyan's probation officer recommended a sentence of 21 months, at the high end of the range prescribed for an offense level of 10, and recommended the following conditions for supervised release:

3. The defendant shall comply with the immigration rules and regulations of the United States, and, if deported from this country, either voluntarily or involuntarily, not reenter the United States illegally. The defendant is not required to report to the Probation Office while residing out-side *1157 of the United States; however, within 72 hours of release from any custody or any reentry to the United States during the period of Courtordered supervision, the defendant shall report for instructions to the United States Probation Office. . . .
. . .
5. The defendant shall not access or possess any computer or computer-related devices in any manner, or for any purpose, unless approved in advance by the Probation Officer.
The justification provided for the latter condition was simply, "Condition No. 5 is recommended due to the nature of the offense."

Over Barsumyan's objection that the 6-level increase was inappropriate due to the nature of Barsumyan's offense, the district court adopted the recommendations of the probation officer, and imposed a 21-month sentence. The district court further adopted, without analysis, recommended conditions of supervised release No. 3 and No. 5. Barsumyan appealed.

We have jurisdiction to hear this case under 28 U.S.C. § 1291.

Sentence

Barsumyan first appeals his 21-month sentence.

1. Standard of Review

United States v. Booker rendered the Sentencing Guidelines "effectively advisory." 543 U.S. 220, 245, 125 S. Ct. 738, 160 L. Ed. 2d 621 (2005). Following Booker, this court reviews criminal sentences for "reasonableness," in a "two-step review procedure" outlined in United States v. Cantrell, 433 F.3d 1269, 1278-81 (9th Cir. 2006).

First, we must "determine whether the district court properly calculated the applicable range under the advisory guidelines." United States v. Mohamed, 459 F.3d 979, 985 (9th Cir.2006). In doing so, we review the district court's interpretation of the Guidelines de novo, the determination of the facts for clear error, and the application of the Guidelines to the facts for abuse of discretion. Cantrell, 433 F.3d at 1279. In the event we find error, we remand to the district court so it can recalculate the guideline range in accordance with our direction. Id.

Second, "we will next consider challenges to the reasonableness of the overall sentence in light of all the 18 U.S.C. § 3553(a) factors, including the applicable Guidelines range." Id. at 1280.[3] These factors are to be applied parsimoniously— the sentence must be "sufficient, but not *1158 greater than necessary, to comply with the purposes" of punishment. 18 U.S.C. § 3553(a). Our review of the district court's sentence is for "reasonableness," which "merely asks whether the trial court abused its discretion." Rita v. United States, ___ U.S. ___, 127 S. Ct. 2456, 2465, 168 L. Ed. 2d 203 (2006); see also Gall v. United States, ___ U.S. ___, 128 S. Ct. 586, 591, 169 L. Ed. 2d 445 (2007) (holding that "courts of appeals must review all sentences—whether inside, just outside, or significantly outside the Guidelines range—under a deferential abuse-of-discretion standard").

2. Calculation of the Guidelines Range

Both parties concede that the district court's determination of sentencing levels within the Guidelines was correct. Although Barsumyan takes issue with the 6-level increase, he does not do so on the ground that the enhancement does not apply here. Rather, he appears to advocate a sort of hybrid reasonableness test, arguing that "the enhancement—that is, the plain language of the enhancement—is itself unreasonable," and therefore ought not to apply.

Barsumyan contends that the severity of the § 2B1.1(b)(10) increase targets "more aggravated and sophisticated forms of identity theft" than the simple credit card fraud found in this case. U.S.S.G. app. C, amend. 596 (2000) (describing the rationale for the 12-level minimum). He also claims that the 12-level minimum was aimed at two classes of criminals: those who engage in the cloning of wireless telephones[4] and those who engage in "affirmative" or "breeding" identity theft.[5] To apply § 2B1.1(b)(10) to him, he argues, would create an unreasonably broad and severe enhancement.

Barsumyan's suggested approach to sentencing review clashes with this court's approach, as set forth in Cantrell. That decision envisions two discrete steps in reviewing sentences: first, review of the calculation to verify that "the district court committed no error in applying the Guidelines," followed by "challenges to the reasonableness of the overall sentence." 433 F.3d at 1280; see also Booker, 543 U.S. at 261, 125 S. Ct. 738 (stating that 18 U.S.C. § 3742(e)(3) "told appellate courts to determine whether the sentence `is unreasonable'"). Barsumyan, by contrast, seems to urge us to perform a sort of mini-Booker reasonableness determination at each step in determining the Sentencing Guidelines offense level.

Barsumyan's proposition that the district court ought to have reviewed each step for appropriateness under 18 U.S.C. § 3553(a) is in error. The statutory factors are to be applied "in determining the particular sentence to be imposed." 18 U.S.C. § 3553(a). Post-Booker, defendants certainly may attack the effect of the Sentencing Guidelines by arguing that they reflect over-broad or mistaken policy priorities. Interestingly, one of the Supreme Court's most recent opinions respecting the Guidelines blessed just such a policy-based deviation from the Sentencing Guidelines. See Kimbrough v. United *1159 States, ___ U.S. ___,  128 S. Ct. 558, 169 L. Ed. 2d 481 (2007) (allowing variance from Guidelines-prescribed sentencing range due to disagreement with crack cocaine/powder cocaine disparity). That deviation however, must come (as it did in Kimbrough) after the advisory Guidelines range has been determined, when the district court examines the final advisory sentencing range dictated by the Guidelines in light of all relevant § 3553(a) factors and "the particular circumstances of [the defendant]'s case." Id. at 576, 128 S. Ct. 558; see also id. at 575, 128 S. Ct. 558 ("The District Court began by properly calculating and considering the advisory Guidelines range. It then addressed the relevant § 3553(a) factors.").[6] If the operation of a particular guideline has inappropriately distorted the final range calculation, that is one factor which the district court may take into account in determining the final sentence.

The touchstone of a policy-based argument against the Sentencing Guidelines, therefore, is not that a particular upward or downward adjustment, measured in levels, is unreasonable in isolation, but rather that its operation in the case under consideration results in a sentence, measured in months and years, that is inappropriate in light of § 3553(a). We then review that final, holistic sentencing determination for reasonableness.

3. Reasonableness of the Sentence

In addition to other 18 U.S.C. § 3553(a) factors, a district court must consider "any pertinent policy statement issued by the Sentencing Commission." 18 U.S.C. § 3553(a)(5). Similarly, § 3553(a)(1) requires consideration of "the nature and circumstances of the offense." Both are relevant to Barsumyan's over-criminalization complaint—that he is a petty criminal caught in a net meant to snare far more serious crimes.

The sentencing court, however, cited a number of § 3553(a) factors that militate for a harsher punishment. It stated that "with respect to the nature and circumstances of the offense . . . but for the information from the informant, this could have been a case involving very substantial losses and numerous victims." The record reflects that, by stating that he would provide his ersatz co-conspirator with two fake cards for every ten credit card numbers she provided, Barsumyan initially contemplated at a minimum ten victims, and possibly many more.[7] The court also noted the "calculated" nature of the offense.

Second, when it considered the history and characteristics of the defendant, as well as the need to protect the public, the court noted that Barsumyan was not only *1160 "a recidivist," but one whose prior crimes included one conviction for credit card fraud. It also observed that "His criminal history is escalating, not deescalating, and those all suggest that prison time is appropriate in this case."

Therefore, the district court adequately explained the sentence even though it did not specifically comment on Barsumyan's argument regarding the over-broadness of § 2B1.1(b)(10)(A)(i). Given the defendant's criminal history (including a prior conviction, for which he was then on probation, for a related offense), the calculated and deliberate nature of the crime, and the contemplated number of victims had this crime been successful, we hold that a 21-month sentence was not unreasonable.

Conditions of Supervised Release

Barsumyan objects to two conditions of supervised release: the ban on the use of computers (Condition #5) and the requirement that he report to the Parole Office upon reentry after removal (Condition # 3). Under 18 U.S.C. § 3583(d), conditions of supervised release must be "reasonably related" to the purposes of punishment set forth in 18 U.S.C. § 3553(a)(1) and "involve[ ] no greater deprivation of liberty than is reasonably necessary" to deter future criminal conduct, protect the public from further crimes, and promote rehabilitation of the defendant.

Because Barsumyan failed to object to either condition at his sentencing hearing, we review their imposition for plain error under Federal Rule of Criminal Procedure 52(b). Plain error is (1) error, (2) that is plain and (3) affects "substantial rights." United States v. Olano, 507 U.S. 725, 732-34,  113 S. Ct. 1770, 123 L. Ed. 2d 508 (1993). "Moreover, Rule 52(b) leaves the decision to correct the forfeited error within the sound discretion of the court of appeals, and the court should not exercise that discretion unless the error seriously affect[s] the fairness, integrity or public reputation of judicial proceedings." Id. at 732, 113 S. Ct. 1770 (quoting United States v. Young, 470 U.S. 1, 15, 105 S. Ct. 1038, 84 L. Ed. 2d 1 (1985)) (quotation marks omitted). If our court holds that imposition of a condition of supervised release is plainly erroneous, we remand to the district court for resentencing on an open record. United States v. Abbouchi, 502 F.3d 850, 858-59 (9th Cir.2007).

1. Computer Restriction

Barsumyan first challenges Condition # 5, the prohibition on "access[ing] or possess[ing] any computer or computer-related devices in any manner, or for any purpose." The record does not indicate what the district court might have meant by "computer-related devices," and given the categorical language involved ("in any manner"),[8] one can only speculate as to the outer limits of this proscription—cellular phones? ATMs? Driving a modern car? Checking out groceries using a bar code scanner?

We confronted a similar condition in United States v. Sales, 476 F.3d 732 (9th Cir.2007).[9] In Sales, the defendant had *1161 been convicted of using his personal computer (including scanner and printer) to make counterfeit $20 bills. Id. at 734. The court rejected the condition forbidding access, however, stating that "[t]he breadth of condition # 5 is not reasonably related to the nature and circumstances of Sales's counterfeiting offense or Sales's history and characteristics." Id. at 736. Rather, the condition "results in a far greater deprivation of Sales's liberty than is reasonably necessary to prevent recidivism, protect the public, or promote any form of rehabilitation." Id.

If anything, Condition # 5 here is even less appropriate than the condition in Sales. In Sales, the defendant had actually used a computer in the commission of his crime. By contrast, while a computer is required to download the credit card numbers that a skimming device has skimmed, there is no indication that Barsumyan was going to be the one to do the downloading. Barsumyan was "an intermediary," who told the Secret Service Agent that he knew "two individuals who would be able to produce" cards from the numbers provided on the skimmer.

The government's attempts to distinguish Sales are unconvincing. First, it notes that the defendant in Sales had no prior criminal convictions, 476 F.3d at 734, while Barsumyan has several, including another one for credit card forgery.[10] But there is no indication that Barsumyan used a computer in any of those crimes either. Even if he had, however, Sales is clear that a mere nexus between the crime and a computer does not justify proscribing the use of anything containing a circuit board or microchips.[11]

Second, Barsumyan's statement to the Secret Service Agent that he "was interested in making money by committing different types of credit card fraud," does not justify such a sweeping and indefinite condition. Perhaps Barsumyan's statement refers to different ways of obtaining credit card numbers, or different ways to exploit the numbers. We can only speculate, and that speculation does not make the condition any more "reasonably necessary" to prevent further crimes.[12]

Having determined that it was error to impose Condition # 5, we further hold that the error was plain. Sales struck down a more defined condition on facts that would make a ban on computer access more appropriate than in this case. Cf. Abbouchi, 502 F.3d at 858 (finding plain error where the "only evidence considered by the district court to support" a domestic violence treatment program condition "was a paragraph in the Presentence Report suggesting `strains' in Abbouchi's relationship with his wife and that he and his wife had separated"). The record in this case shows no attempt, by either the Probation Officer or sentencing court, to justify this *1162 sweeping condition. Had either attempted one, the error would have become apparent.

Condition # 5 affected Barsumyan's "substantial rights." See Olano, 507 U.S. at 734, 113 S. Ct. 1770 (holding that error affects substantial rights when it "affect[s] the outcome of the district court proceeding"); Abbouchi, 502 F.3d at 858 (holding that imposition of a sentencing condition affects defendant's substantial rights); accord United States v. Dozier, 119 F.3d 239, 244 (3d Cir.1997) (same). Similarly, Abbouchi held that erroneous imposition of a sentencing condition without adequate justification "seriously affect[ed] the fairness . . . of [the] judicial proceedings." 502 F.3d at 858 (quoting United States v. Jordan, 256 F.3d 922, 926 (9th Cir.2001)) (quotation marks omitted).

The government contends that Barsumyan's "substantial rights" were not affected because, as an alien, he "is likely to be removed/deported from the United States and never subject to supervision." It is thus highly unlikely that he will ever be subject to the computer condition that he now challenges.[13] In United States v. Rodriguez-Rodriguez, this court rejected a similar argument made on ripeness grounds, holding that a defendant may "assert[ ] a facial challenge to a condition imposed upon him at the time of his sentence," notwithstanding that several contingencies might have to occur before he could be punished for its violation. 441 F.3d 767, 771-72 (9th Cir.2006). The government's argument here is effectively the converse, i.e., that the challenge is moot because several contingencies must not occur for Barsumyan to be affected. This argument is equally unavailing. The probability that the defendant will actually be subject to the condition is irrelevant to the determination of "substantial rights" in the plain error context, which equates "substantial rights" with legal prejudice. Olano, 507 U.S. at 734, 113 S. Ct. 1770 ("It must have affected the outcome of the district court proceedings."). Since the condition would not have been imposed had the error not occurred, it necessarily affected substantial rights.

In a similar vein, the government contends that Barsumyan's likely removal means we ought to decline to exercise our discretion to consider the plain error under Rule 52(b).[14] Even if removal is "likely," however, it is not certain, and we are unwilling to speculate whether such a sweeping and inappropriate condition will actually be enforced. Neither does the prospect of Barsumyan's future removal mean that the error has not already "seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings," requiring our correction. Olano, 507 U.S. at 732, 113 S. Ct. 1770.

We therefore vacate Condition # 5 and remand for the district court to impose a computer-related restriction permitted by this opinion.

2. Reporting Requirement

Barsumyan also complains that Condition # 3, requiring that he report to the Probation Office upon reentry to the United States, violates his Fifth Amendment right against self-incrimination. He contends that to do so would be, in effect, to report himself for the new crime of being found in the country after deportation. *1163 See United States v. Pina-Jaime, 332 F.3d 609, 612 (9th Cir.2003) (holding that an alien need not have reentered the United States illegally to be convicted of being "found in" the country illegally). As Barsumyan himself concedes, however, this court has ruled that an identical reporting condition does not violate the Fifth Amendment. See Rodriguez-Rodriguez, 441 F.3d at 772-73. The district court did not err in imposing Condition # 3 in this case.

Conclusion

We conclude that the district court did not abuse its discretion in imposing a 21-month sentence. We further hold that the district court plainly erred in imposing a restriction on all computer use as a condition of supervised release, but did not plainly err in requiring the defendant to report to the Probation Office upon reentry to the United States. The defendant's sentence is AFFIRMED IN PART, VACATED IN PART and REMANDED.

NOTES

[*] The Honorable H. Russel Holland, Senior United States District Judge for the District of Alaska, sitting by designation.

[1] In this context, "skimming device" (or sometimes just "skimmer") refers to a small electronic device that can capture the account information encoded on a credit card's magnetic strip. The information is stored on the device until it is downloaded onto a computer, whose operator can then manufacture counterfeit credit cards with magnetic strips identical to those on the genuine cards. Skimming devices can be attached to ordinary credit card readers, capturing a new card's information every time a card is swiped.

[2] "Device-making equipment" is defined as "any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device." 18 U.S.C. § 1029(e)(6). "Access device" means, in relevant part, "any card, . . . account number, electronic serial number, . . . or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds." 18 U.S.C. § 1029(e)(1).

[3] These factors are:

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;

(2) the need for the sentence imposed—

(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;

(B) to afford adequate deterrence to criminal conduct;

(C) to protect the public from further crimes of the defendant; and

(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;

(3) the kinds of sentences available;

(4) the kinds of sentence and the sentencing range established for . . . the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines . . .

(5) any pertinent policy statement . . . issued by the Sentencing Commission . . . subject to any amendments made to such policy statement by act of Congress. . . .

(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and

(7) the need to provide restitution to any victims of the offense.

18 U.S.C. § 3553(a).

[4] Both wireless telephones and credit cards are considered "access devices" for these purposes. The cloning of wireless telephones was considered particularly serious because cloned cell phones are commonly used by drug dealers and other criminals to evade surveillance. See 144 Cong. Rec. S3021 (1998) (statement of Sen. Leahy); 143 Cong. Rec. S2655 (1997) (statement of Sen. Kyl).

[5] "Affirmative" or "breeding" identity theft involves "affirmative activity to generate or `breed' another level of identification means without the knowledge of the individual victim whose identification means are mis-used, purloined, or `taken over.'" U.S.S.G. app. C, amend. 596 (2000). This next level of identification is, in turn, used to create new bank accounts, loans, etc.

[6] In Kimbrough, for example, the district court first cited numerous mitigating factors pertaining to the case itself, such as the defendant's military service, steady history of employment, and lack of prior convictions, as well as the unremarkable nature of the offense. Kimbrough, 128 S.Ct. at 575. Importantly, even as the sentencing court then took into account the irrational effect of the crack/powder disparity, the Supreme Court noted with approval that "the court did not purport to establish a ratio of its own. Rather, it appropriately framed its final determination in line with § 3553(a)'s overarching instruction to `impose a sentence sufficient, but not greater than necessary' to accomplish the sentencing goals advanced in § 3553(a)(2)." Id. Instead of rewriting each characteristic, enhancement, and adjustment, the district court in Kimbrough properly calculated the advisory range according to the Guidelines as written, and only deviated from that range after engaging in a holistic § 3553(a) review.

[7] After allegedly receiving only six numbers, Barsumyan demanded another 25 before he would provide the Agent with another counterfeit credit card. In other words, before his arrest, Barsumyan contemplated at least 31 potential victims.

[8] It is unclear whether "in any manner" is meant to refer to manners of devices or manners of accessing or possessing them. Either interpretation would make the condition sweeping in the extreme.

[9] Indeed, the prohibition in Sales was more specific, namely:

Computers and computer-related devices include, but are not limited to, personal computers, personal data assistants (PDAs), internet appliances, electronic games, and cellular telephones, as well as their peripherial equipment, that can access, or be modified to access, the internet, electronic bulletin boards, and other computers, or similar media[.]

476 F.3d at 734. The focus of the prohibition in Sales reflected a concern more with computer connectivity than with computers per se. No such limitation is present here.

[10] The other convictions are for petty theft, vandalism, and speeding.

[11] When this court has upheld conditions restricting Internet access in cases involving child pornography, it has done so citing the "`strong link between child pornography and the Internet, and the need to protect the public, particularly children, from sex offenders.'" United States v. Rearden, 349 F.3d 608, 621 (9th Cir.2003) (quoting United States v. Zinn, 321 F.3d 1084, 1093 (11th Cir.2003)). We are aware of no published cases approving Internet restrictions imposed on a defendant convicted of a nonsexual offense — let alone a restriction on all computer-related devices, whether Internet-capable or not.

[12] Unless "computer-related devices" encompasses skimmers (it might not have under the definition in Sales because the skimmers cannot access the Internet), Condition # 5 would not have prevented the crime of which Barsumyan was convicted.

[13] We express no opinion as to Barsumyan's actual removability, and assume, arguendo, (1) that immigration proceedings will rule Barsumyan to be removable and (2) that it is likely that he will actually be deported.

[14] Federal Rule of Criminal Procedure 52(b) states that "[a] plain error that affects substantial rights may be considered even though it was not brought to the court's attention." (Emphasis added).

label: Sentence

text: United

text: States

text: v

text: Barsumyan

text: F

text: d

text: th

text: Cir

text: Court

text: of

text: Appeals

text: for

text: the

text: Ninth

text: Circuit

text: Filed

text: February

text: th

text: Precedential

text: Status

text: Precedential

text: Citations

text: F

text: d

text: Docket

text: Number

text: Author

text: Joseph

text: Jerome

text: Farris

text: F

text: d

text: UNITED

text: STATES

text: of

text: America

text: Plaintiff

text: Appellee

text: v

text: Aram

text: BARSUMYAN

text: aka

text: Seal

text: A

text: Defendant

text: Appellant

text: No

text: United

text: States

text: Court

text: of

text: Appeals

text: Ninth

text: Circuit

text: Argued

text: and

text: Submitted

text: January

text: Filed

text: February

text: Davina

text: T

text: Chen

text: Deputy

text: Federal

text: Public

text: Defender

text: Los

text: Angeles

text: CA

text: for

text: the

text: defendant

text: appellant

text: Alexander

text: A

text: Bustamante

text: and

text: Anne

text: Voights

text: Assistant

text: United

text: States

text: Attorneys

text: Major

text: Frauds

text: Section

text: Los

text: Angeles

text: CA

text: for

text: the

text: plaintiff

text: appellee

text: Before

text: JEROME

text: FARRIS

text: and

text: MILAN

text: D

text: SMITH

text: JR

text: Circuit

text: Judges

text: and

text: H

text: RUSSEL

text: HOLLAND

text: District

text: Judge

text: MILAN

text: D

text: SMITH

text: JR

text: Circuit

text: Judge

text: Defendant

text: Appellant

text: Aram

text: Barsumyan

text: appeals

text: the

text: sentence

text: imposed

text: by

text: the

text: district

text: court

text: following

text: his

text: guilty

text: plea

text: to

text: one

text: count

text: of

text: possession

text: of

text: device

text: making

text: equipment

text: under

text: U

text: S

text: C

text: a

text: Barsumyan

text: contends

text: that

text: his

text: month

text: prison

text: sentence

text: was

text: unreasonable

text: because

text: the

text: operation

text: of

text: U

text: S

text: S

text: G

text: B

text: b

text: effected

text: a

text: level

text: increase

text: in

text: his

text: offense

text: level

text: Barsumyan

text: also

text: argues

text: that

text: the

text: sentencing

text: court

text: impermissibly

text: imposed

text: two

text: conditions

text: of

text: supervised

text: release

text: a

text: restriction

text: on

text: access

text: ing

text: or

text: possess

text: ing

text: any

text: computer

text: or

text: computer

text: related

text: devices

text: in

text: any

text: manner

text: and

text: a

text: requirement

text: that

text: if

text: he

text: is

text: deported

text: and

text: reenters

text: the

text: country

text: he

text: report

text: to

text: the

text: United

text: States

text: Probation

text: Office

text: We

text: affirm

text: the

text: sentence

text: and

text: reporting

text: condition

text: but

text: reverse

text: and

text: vacate

text: the

text: computer

text: restriction

text: and

text: remand

text: to

text: the

text: district

text: court

text: for

text: reconsideration

text: of

text: that

text: condition

text: Facts

text: Procedural

text: History

text: and

text: Jurisdiction

text: In

text: October

text: an

text: informant

text: cooperating

text: with

text: the

text: United

text: States

text: Secret

text: Service

text: charged

text: that

text: Defendant

text: Appellant

text: Aram

text: Barsumyan

text: was

text: involved

text: in

text: schemes

text: to

text: manufacture

text: counterfeit

text: credit

text: cards

text: Barsumyan

text: told

text: this

text: informant

text: that

text: he

text: was

text: interested

text: in

text: making

text: contacts

text: to

text: help

text: him

text: engage

text: in

text: various

text: kinds

text: of

text: credit

text: card

text: fraud

text: The

text: informant

text: agreed

text: to

text: introduce

text: Barsumyan

text: to

text: a

text: hotel

text: employee

text: who

text: unbeknown

text: to

text: Barsumyan

text: was

text: an

text: undercover

text: Secret

text: Service

text: Case

text: Agent

text: During

text: an

text: arranged

text: meeting

text: the

text: Agent

text: told

text: Barsumyan

text: that

text: in

text: the

text: course

text: of

text: her

text: duties

text: at

text: the

text: hotel

text: she

text: had

text: access

text: to

text: guests

text: credit

text: cards

text: Barsumyan

text: gave

text: the

text: Agent

text: a

text: skimming

text: device

text: and

text: asked

text: her

text: to

text: covertly

text: skim

text: the

text: hotel

text: guests

text: credit

text: cards

text: when

text: they

text: registered

text: The

text: Agent

text: was

text: instructed

text: to

text: then

text: return

text: the

text: device

text: to

text: Barsumyan

text: He

text: then

text: promised

text: her

text: that

text: for

text: every

text: ten

text: credit

text: card

text: numbers

text: she

text: captured

text: on

text: the

text: device

text: he

text: would

text: give

text: her

text: two

text: high

text: quality

text: counterfeit

text: credit

text: cards

text: The

text: following

text: month

text: the

text: Agent

text: returned

text: the

text: skimming

text: device

text: to

text: Barsumyan

text: loaded

text: with

text: ten

text: credit

text: card

text: numbers

text: At

text: a

text: subsequent

text: rendezvous

text: Barsumyan

text: gave

text: the

text: Agent

text: one

text: counterfeit

text: credit

text: card

text: When

text: the

text: Agent

text: asked

text: for

text: the

text: promised

text: second

text: card

text: Barsumyan

text: told

text: her

text: that

text: she

text: was

text: only

text: getting

text: one

text: because

text: she

text: had

text: only

text: given

text: him

text: six

text: credit

text: card

text: numbers

text: on

text: the

text: skimmer

text: He

text: also

text: told

text: her

text: that

text: in

text: light

text: of

text: her

text: breach

text: of

text: their

text: understanding

text: he

text: was

text: altering

text: the

text: deal

text: thereafter

text: he

text: would

text: require

text: twenty

text: five

text: numbers

text: if

text: she

text: wanted

text: an

text: additional

text: card

text: He

text: then

text: returned

text: the

text: skimming

text: device

text: to

text: the

text: Agent

text: Barsumyan

text: was

text: arrested

text: and

text: indicted

text: for

text: one

text: count

text: of

text: producing

text: using

text: and

text: trafficking

text: in

text: a

text: counterfeit

text: credit

text: card

text: U

text: S

text: C

text: a

text: and

text: three

text: counts

text: of

text: possession

text: of

text: device

text: making

text: equipment

text: U

text: S

text: C

text: a

text: Pursuant

text: to

text: a

text: plea

text: agreement

text: Barsumyan

text: pleaded

text: guilty

text: to

text: one

text: count

text: of

text: possession

text: of

text: device

text: making

text: equipment

text: The

text: agreement

text: contemplated

text: a

text: base

text: offense

text: level

text: of

text: pursuant

text: to

text: U

text: S

text: S

text: G

text: B

text: a

text: with

text: a

text: level

text: increase

text: pursuant

text: to

text: U

text: S

text: S

text: G

text: B

text: b

text: A

text: i

text: for

text: possession

text: of

text: device

text: making

text: equipment

text: The

text: government

text: also

text: agreed

text: to

text: recommend

text: a

text: sentence

text: at

text: the

text: low

text: end

text: of

text: the

text: applicable

text: range

text: as

text: long

text: as

text: the

text: total

text: offense

text: level

text: was

text: or

text: lower

text: U

text: S

text: S

text: G

text: B

text: b

text: however

text: not

text: only

text: mandates

text: a

text: level

text: increase

text: in

text: all

text: cases

text: but

text: also

text: requires

text: that

text: i

text: f

text: the

text: resulting

text: offense

text: level

text: is

text: less

text: than

text: level

text: increase

text: to

text: level

text: Section

text: B

text: b

text: therefore

text: effectively

text: increased

text: Barsumyan

text: s

text: offense

text: level

text: by

text: six

text: levels

text: The

text: Presentence

text: Report

text: recommended

text: a

text: level

text: downward

text: adjustment

text: for

text: acceptance

text: of

text: responsibility

text: yielding

text: a

text: total

text: offense

text: level

text: of

text: Barsumyan

text: s

text: probation

text: officer

text: recommended

text: a

text: sentence

text: of

text: months

text: at

text: the

text: high

text: end

text: of

text: the

text: range

text: prescribed

text: for

text: an

text: offense

text: level

text: of

text: and

text: recommended

text: the

text: following

text: conditions

text: for

text: supervised

text: release

text: The

text: defendant

text: shall

text: comply

text: with

text: the

text: immigration

text: rules

text: and

text: regulations

text: of

text: the

text: United

text: States

text: and

text: if

text: deported

text: from

text: this

text: country

text: either

text: voluntarily

text: or

text: involuntarily

text: not

text: reenter

text: the

text: United

text: States

text: illegally

text: The

text: defendant

text: is

text: not

text: required

text: to

text: report

text: to

text: the

text: Probation

text: Office

text: while

text: residing

text: out

text: side

text: of

text: the

text: United

text: States

text: however

text: within

text: hours

text: of

text: release

text: from

text: any

text: custody

text: or

text: any

text: reentry

text: to

text: the

text: United

text: States

text: during

text: the

text: period

text: of

text: Courtordered

text: supervision

text: the

text: defendant

text: shall

text: report

text: for

text: instructions

text: to

text: the

text: United

text: States

text: Probation

text: Office

text: The

text: defendant

text: shall

text: not

text: access

text: or

text: possess

text: any

text: computer

text: or

text: computer

text: related

text: devices

text: in

text: any

text: manner

text: or

text: for

text: any

text: purpose

text: unless

text: approved

text: in

text: advance

text: by

text: the

text: Probation

text: Officer

text: The

text: justification

text: provided

text: for

text: the

text: latter

text: condition

text: was

text: simply

text: Condition

text: No

text: is

text: recommended

text: due

text: to

text: the

text: nature

text: of

text: the

text: offense

text: Over

text: Barsumyan

text: s

text: objection

text: that

text: the

text: level

text: increase

text: was

text: inappropriate

text: due

text: to

text: the

text: nature

text: of

text: Barsumyan

text: s

text: offense

text: the

text: district

text: court

text: adopted

text: the

text: recommendations

text: of

text: the

text: probation

text: officer

text: and

text: imposed

text: a

text: month

text: sentence

text: The

text: district

text: court

text: further

text: adopted

text: without

text: analysis

text: recommended

text: conditions

text: of

text: supervised

text: release

text: No

text: and

text: No

text: Barsumyan

text: appealed

text: We

text: have

text: jurisdiction

text: to

text: hear

text: this

text: case

text: under

text: U

text: S

text: C

text: Sentence

text: Barsumyan

text: first

text: appeals

text: his

text: month

text: sentence

text: Standard

text: of

text: Review

text: United

text: States

text: v

text: Booker

text: rendered

text: the

text: Sentencing

text: Guidelines

text: effectively

text: advisory

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Following

text: Booker

text: this

text: court

text: reviews

text: criminal

text: sentences

text: for

text: reasonableness

text: in

text: a

text: two

text: step

text: review

text: procedure

text: outlined

text: in

text: United

text: States

text: v

text: Cantrell

text: F

text: d

text: th

text: Cir

text: First

text: we

text: must

text: determine

text: whether

text: the

text: district

text: court

text: properly

text: calculated

text: the

text: applicable

text: range

text: under

text: the

text: advisory

text: guidelines

text: United

text: States

text: v

text: Mohamed

text: F

text: d

text: th

text: Cir

text: In

text: doing

text: so

text: we

text: review

text: the

text: district

text: court

text: s

text: interpretation

text: of

text: the

text: Guidelines

text: de

text: novo

text: the

text: determination

text: of

text: the

text: facts

text: for

text: clear

text: error

text: and

text: the

text: application

text: of

text: the

text: Guidelines

text: to

text: the

text: facts

text: for

text: abuse

text: of

text: discretion

text: Cantrell

text: F

text: d

text: at

text: In

text: the

text: event

text: we

text: find

text: error

text: we

text: remand

text: to

text: the

text: district

text: court

text: so

text: it

text: can

text: recalculate

text: the

text: guideline

text: range

text: in

text: accordance

text: with

text: our

text: direction

text: Id

text: Second

text: we

text: will

text: next

text: consider

text: challenges

text: to

text: the

text: reasonableness

text: of

text: the

text: overall

text: sentence

text: in

text: light

text: of

text: all

text: the

text: U

text: S

text: C

text: a

text: factors

text: including

text: the

text: applicable

text: Guidelines

text: range

text: Id

text: at

text: These

text: factors

text: are

text: to

text: be

text: applied

text: parsimoniously

text: the

text: sentence

text: must

text: be

text: sufficient

text: but

text: not

text: greater

text: than

text: necessary

text: to

text: comply

text: with

text: the

text: purposes

text: of

text: punishment

text: U

text: S

text: C

text: a

text: Our

text: review

text: of

text: the

text: district

text: court

text: s

text: sentence

text: is

text: for

text: reasonableness

text: which

text: merely

text: asks

text: whether

text: the

text: trial

text: court

text: abused

text: its

text: discretion

text: Rita

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: see

text: also

text: Gall

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: holding

text: that

text: courts

text: of

text: appeals

text: must

text: review

text: all

text: sentences

text: whether

text: inside

text: just

text: outside

text: or

text: significantly

text: outside

text: the

text: Guidelines

text: range

text: under

text: a

text: deferential

text: abuse

text: of

text: discretion

text: standard

text: Calculation

text: of

text: the

text: Guidelines

text: Range

text: Both

text: parties

text: concede

text: that

text: the

text: district

text: court

text: s

text: determination

text: of

text: sentencing

text: levels

text: within

text: the

text: Guidelines

text: was

text: correct

text: Although

text: Barsumyan

text: takes

text: issue

text: with

text: the

text: level

text: increase

text: he

text: does

text: not

text: do

text: so

text: on

text: the

text: ground

text: that

text: the

text: enhancement

text: does

text: not

text: apply

text: here

text: Rather

text: he

text: appears

text: to

text: advocate

text: a

text: sort

text: of

text: hybrid

text: reasonableness

text: test

text: arguing

text: that

text: the

text: enhancement

text: that

text: is

text: the

text: plain

text: language

text: of

text: the

text: enhancement

text: is

text: itself

text: unreasonable

text: and

text: therefore

text: ought

text: not

text: to

text: apply

text: Barsumyan

text: contends

text: that

text: the

text: severity

text: of

text: the

text: B

text: b

text: increase

text: targets

text: more

text: aggravated

text: and

text: sophisticated

text: forms

text: of

text: identity

text: theft

text: than

text: the

text: simple

text: credit

text: card

text: fraud

text: found

text: in

text: this

text: case

text: U

text: S

text: S

text: G

text: app

text: C

text: amend

text: describing

text: the

text: rationale

text: for

text: the

text: level

text: minimum

text: He

text: also

text: claims

text: that

text: the

text: level

text: minimum

text: was

text: aimed

text: at

text: two

text: classes

text: of

text: criminals

text: those

text: who

text: engage

text: in

text: the

text: cloning

text: of

text: wireless

text: telephones

text: and

text: those

text: who

text: engage

text: in

text: affirmative

text: or

text: breeding

text: identity

text: theft

text: To

text: apply

text: B

text: b

text: to

text: him

text: he

text: argues

text: would

text: create

text: an

text: unreasonably

text: broad

text: and

text: severe

text: enhancement

text: Barsumyan

text: s

text: suggested

text: approach

text: to

text: sentencing

text: review

text: clashes

text: with

text: this

text: court

text: s

text: approach

text: as

text: set

text: forth

text: in

text: Cantrell

text: That

text: decision

text: envisions

text: two

text: discrete

text: steps

text: in

text: reviewing

text: sentences

text: first

text: review

text: of

text: the

text: calculation

text: to

text: verify

text: that

text: the

text: district

text: court

text: committed

text: no

text: error

text: in

text: applying

text: the

text: Guidelines

text: followed

text: by

text: challenges

text: to

text: the

text: reasonableness

text: of

text: the

text: overall

text: sentence

text: F

text: d

text: at

text: see

text: also

text: Booker

text: U

text: S

text: at

text: S

text: Ct

text: stating

text: that

text: U

text: S

text: C

text: e

text: told

text: appellate

text: courts

text: to

text: determine

text: whether

text: the

text: sentence

text: is

text: unreasonable

text: Barsumyan

text: by

text: contrast

text: seems

text: to

text: urge

text: us

text: to

text: perform

text: a

text: sort

text: of

text: mini

text: Booker

text: reasonableness

text: determination

text: at

text: each

text: step

text: in

text: determining

text: the

text: Sentencing

text: Guidelines

text: offense

text: level

text: Barsumyan

text: s

text: proposition

text: that

text: the

text: district

text: court

text: ought

text: to

text: have

text: reviewed

text: each

text: step

text: for

text: appropriateness

text: under

text: U

text: S

text: C

text: a

text: is

text: in

text: error

text: The

text: statutory

text: factors

text: are

text: to

text: be

text: applied

text: in

text: determining

text: the

text: particular

text: sentence

text: to

text: be

text: imposed

text: U

text: S

text: C

text: a

text: Post

text: Booker

text: defendants

text: certainly

text: may

text: attack

text: the

text: effect

text: of

text: the

text: Sentencing

text: Guidelines

text: by

text: arguing

text: that

text: they

text: reflect

text: over

text: broad

text: or

text: mistaken

text: policy

text: priorities

text: Interestingly

text: one

text: of

text: the

text: Supreme

text: Court

text: s

text: most

text: recent

text: opinions

text: respecting

text: the

text: Guidelines

text: blessed

text: just

text: such

text: a

text: policy

text: based

text: deviation

text: from

text: the

text: Sentencing

text: Guidelines

text: See

text: Kimbrough

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: allowing

text: variance

text: from

text: Guidelines

text: prescribed

text: sentencing

text: range

text: due

text: to

text: disagreement

text: with

text: crack

text: cocaine

text: powder

text: cocaine

text: disparity

text: That

text: deviation

text: however

text: must

text: come

text: as

text: it

text: did

text: in

text: Kimbrough

text: after

text: the

text: advisory

text: Guidelines

text: range

text: has

text: been

text: determined

text: when

text: the

text: district

text: court

text: examines

text: the

text: final

text: advisory

text: sentencing

text: range

text: dictated

text: by

text: the

text: Guidelines

text: in

text: light

text: of

text: all

text: relevant

text: a

text: factors

text: and

text: the

text: particular

text: circumstances

text: of

text: the

text: defendant

text: s

text: case

text: Id

text: at

text: S

text: Ct

text: see

text: also

text: id

text: at

text: S

text: Ct

text: The

text: District

text: Court

text: began

text: by

text: properly

text: calculating

text: and

text: considering

text: the

text: advisory

text: Guidelines

text: range

text: It

text: then

text: addressed

text: the

text: relevant

text: a

text: factors

text: If

text: the

text: operation

text: of

text: a

text: particular

text: guideline

text: has

text: inappropriately

text: distorted

text: the

text: final

text: range

text: calculation

text: that

text: is

text: one

text: factor

text: which

text: the

text: district

text: court

text: may

text: take

text: into

text: account

text: in

text: determining

text: the

text: final

text: sentence

text: The

text: touchstone

text: of

text: a

text: policy

text: based

text: argument

text: against

text: the

text: Sentencing

text: Guidelines

text: therefore

text: is

text: not

text: that

text: a

text: particular

text: upward

text: or

text: downward

text: adjustment

text: measured

text: in

text: levels

text: is

text: unreasonable

text: in

text: isolation

text: but

text: rather

text: that

text: its

text: operation

text: in

text: the

text: case

text: under

text: consideration

text: results

text: in

text: a

text: sentence

text: measured

text: in

text: months

text: and

text: years

text: that

text: is

text: inappropriate

text: in

text: light

text: of

text: a

text: We

text: then

text: review

text: that

text: final

text: holistic

text: sentencing

text: determination

text: for

text: reasonableness

text: Reasonableness

text: of

text: the

text: Sentence

text: In

text: addition

text: to

text: other

text: U

text: S

text: C

text: a

text: factors

text: a

text: district

text: court

text: must

text: consider

text: any

text: pertinent

text: policy

text: statement

text: issued

text: by

text: the

text: Sentencing

text: Commission

text: U

text: S

text: C

text: a

text: Similarly

text: a

text: requires

text: consideration

text: of

text: the

text: nature

text: and

text: circumstances

text: of

text: the

text: offense

text: Both

text: are

text: relevant

text: to

text: Barsumyan

text: s

text: over

text: criminalization

text: complaint

text: that

text: he

text: is

text: a

text: petty

text: criminal

text: caught

text: in

text: a

text: net

text: meant

text: to

text: snare

text: far

text: more

text: serious

text: crimes

text: The

text: sentencing

text: court

text: however

text: cited

text: a

text: number

text: of

text: a

text: factors

text: that

text: militate

text: for

text: a

text: harsher

text: punishment

text: It

text: stated

text: that

text: with

text: respect

text: to

text: the

text: nature

text: and

text: circumstances

text: of

text: the

text: offense

text: but

text: for

text: the

text: information

text: from

text: the

text: informant

text: this

text: could

text: have

text: been

text: a

text: case

text: involving

text: very

text: substantial

text: losses

text: and

text: numerous

text: victims

text: The

text: record

text: reflects

text: that

text: by

text: stating

text: that

text: he

text: would

text: provide

text: his

text: ersatz

text: co

text: conspirator

text: with

text: two

text: fake

text: cards

text: for

text: every

text: ten

text: credit

text: card

text: numbers

text: she

text: provided

text: Barsumyan

text: initially

text: contemplated

text: at

text: a

text: minimum

text: ten

text: victims

text: and

text: possibly

text: many

text: more

text: The

text: court

text: also

text: noted

text: the

text: calculated

text: nature

text: of

text: the

text: offense

text: Second

text: when

text: it

text: considered

text: the

text: history

text: and

text: characteristics

text: of

text: the

text: defendant

text: as

text: well

text: as

text: the

text: need

text: to

text: protect

text: the

text: public

text: the

text: court

text: noted

text: that

text: Barsumyan

text: was

text: not

text: only

text: a

text: recidivist

text: but

text: one

text: whose

text: prior

text: crimes

text: included

text: one

text: conviction

text: for

text: credit

text: card

text: fraud

text: It

text: also

text: observed

text: that

text: His

text: criminal

text: history

text: is

text: escalating

text: not

text: deescalating

text: and

text: those

text: all

text: suggest

text: that

text: prison

text: time

text: is

text: appropriate

text: in

text: this

text: case

text: Therefore

text: the

text: district

text: court

text: adequately

text: explained

text: the

text: sentence

text: even

text: though

text: it

text: did

text: not

text: specifically

text: comment

text: on

text: Barsumyan

text: s

text: argument

text: regarding

text: the

text: over

text: broadness

text: of

text: B

text: b

text: A

text: i

text: Given

text: the

text: defendant

text: s

text: criminal

text: history

text: including

text: a

text: prior

text: conviction

text: for

text: which

text: he

text: was

text: then

text: on

text: probation

text: for

text: a

text: related

text: offense

text: the

text: calculated

text: and

text: deliberate

text: nature

text: of

text: the

text: crime

text: and

text: the

text: contemplated

text: number

text: of

text: victims

text: had

text: this

text: crime

text: been

text: successful

text: we

text: hold

text: that

text: a

text: month

text: sentence

text: was

text: not

text: unreasonable

text: Conditions

text: of

text: Supervised

text: Release

text: Barsumyan

text: objects

text: to

text: two

text: conditions

text: of

text: supervised

text: release

text: the

text: ban

text: on

text: the

text: use

text: of

text: computers

text: Condition

text: and

text: the

text: requirement

text: that

text: he

text: report

text: to

text: the

text: Parole

text: Office

text: upon

text: reentry

text: after

text: removal

text: Condition

text: Under

text: U

text: S

text: C

text: d

text: conditions

text: of

text: supervised

text: release

text: must

text: be

text: reasonably

text: related

text: to

text: the

text: purposes

text: of

text: punishment

text: set

text: forth

text: in

text: U

text: S

text: C

text: a

text: and

text: involve

text: no

text: greater

text: deprivation

text: of

text: liberty

text: than

text: is

text: reasonably

text: necessary

text: to

text: deter

text: future

text: criminal

text: conduct

text: protect

text: the

text: public

text: from

text: further

text: crimes

text: and

text: promote

text: rehabilitation

text: of

text: the

text: defendant

text: Because

text: Barsumyan

text: failed

text: to

text: object

text: to

text: either

text: condition

text: at

text: his

text: sentencing

text: hearing

text: we

text: review

text: their

text: imposition

text: for

text: plain

text: error

text: under

text: Federal

text: Rule

text: of

text: Criminal

text: Procedure

text: b

text: Plain

text: error

text: is

text: error

text: that

text: is

text: plain

text: and

text: affects

text: substantial

text: rights

text: United

text: States

text: v

text: Olano

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Moreover

text: Rule

text: b

text: leaves

text: the

text: decision

text: to

text: correct

text: the

text: forfeited

text: error

text: within

text: the

text: sound

text: discretion

text: of

text: the

text: court

text: of

text: appeals

text: and

text: the

text: court

text: should

text: not

text: exercise

text: that

text: discretion

text: unless

text: the

text: error

text: seriously

text: affect

text: s

text: the

text: fairness

text: integrity

text: or

text: public

text: reputation

text: of

text: judicial

text: proceedings

text: Id

text: at

text: S

text: Ct

text: quoting

text: United

text: States

text: v

text: Young

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: quotation

text: marks

text: omitted

text: If

text: our

text: court

text: holds

text: that

text: imposition

text: of

text: a

text: condition

text: of

text: supervised

text: release

text: is

text: plainly

text: erroneous

text: we

text: remand

text: to

text: the

text: district

text: court

text: for

text: resentencing

text: on

text: an

text: open

text: record

text: United

text: States

text: v

text: Abbouchi

text: F

text: d

text: th

text: Cir

text: Computer

text: Restriction

text: Barsumyan

text: first

text: challenges

text: Condition

text: the

text: prohibition

text: on

text: access

text: ing

text: or

text: possess

text: ing

text: any

text: computer

text: or

text: computer

text: related

text: devices

text: in

text: any

text: manner

text: or

text: for

text: any

text: purpose

text: The

text: record

text: does

text: not

text: indicate

text: what

text: the

text: district

text: court

text: might

text: have

text: meant

text: by

text: computer

text: related

text: devices

text: and

text: given

text: the

text: categorical

text: language

text: involved

text: in

text: any

text: manner

text: one

text: can

text: only

text: speculate

text: as

text: to

text: the

text: outer

text: limits

text: of

text: this

text: proscription

text: cellular

text: phones

text: ATMs

text: Driving

text: a

text: modern

text: car

text: Checking

text: out

text: groceries

text: using

text: a

text: bar

text: code

text: scanner

text: We

text: confronted

text: a

text: similar

text: condition

text: in

text: United

text: States

text: v

text: Sales

text: F

text: d

text: th

text: Cir

text: In

text: Sales

text: the

text: defendant

text: had

text: been

text: convicted

text: of

text: using

text: his

text: personal

text: computer

text: including

text: scanner

text: and

text: printer

text: to

text: make

text: counterfeit

text: bills

text: Id

text: at

text: The

text: court

text: rejected

text: the

text: condition

text: forbidding

text: access

text: however

text: stating

text: that

text: t

text: he

text: breadth

text: of

text: condition

text: is

text: not

text: reasonably

text: related

text: to

text: the

text: nature

text: and

text: circumstances

text: of

text: Sales

text: s

text: counterfeiting

text: offense

text: or

text: Sales

text: s

text: history

text: and

text: characteristics

text: Id

text: at

text: Rather

text: the

text: condition

text: results

text: in

text: a

text: far

text: greater

text: deprivation

text: of

text: Sales

text: s

text: liberty

text: than

text: is

text: reasonably

text: necessary

text: to

text: prevent

text: recidivism

text: protect

text: the

text: public

text: or

text: promote

text: any

text: form

text: of

text: rehabilitation

text: Id

text: If

text: anything

text: Condition

text: here

text: is

text: even

text: less

text: appropriate

text: than

text: the

text: condition

text: in

text: Sales

text: In

text: Sales

text: the

text: defendant

text: had

text: actually

text: used

text: a

text: computer

text: in

text: the

text: commission

text: of

text: his

text: crime

text: By

text: contrast

text: while

text: a

text: computer

text: is

text: required

text: to

text: download

text: the

text: credit

text: card

text: numbers

text: that

text: a

text: skimming

text: device

text: has

text: skimmed

text: there

text: is

text: no

text: indication

text: that

text: Barsumyan

text: was

text: going

text: to

text: be

text: the

text: one

text: to

text: do

text: the

text: downloading

text: Barsumyan

text: was

text: an

text: intermediary

text: who

text: told

text: the

text: Secret

text: Service

text: Agent

text: that

text: he

text: knew

text: two

text: individuals

text: who

text: would

text: be

text: able

text: to

text: produce

text: cards

text: from

text: the

text: numbers

text: provided

text: on

text: the

text: skimmer

text: The

text: government

text: s

text: attempts

text: to

text: distinguish

text: Sales

text: are

text: unconvincing

text: First

text: it

text: notes

text: that

text: the

text: defendant

text: in

text: Sales

text: had

text: no

text: prior

text: criminal

text: convictions

text: F

text: d

text: at

text: while

text: Barsumyan

text: has

text: several

text: including

text: another

text: one

text: for

text: credit

text: card

text: forgery

text: But

text: there

text: is

text: no

text: indication

text: that

text: Barsumyan

text: used

text: a

text: computer

text: in

text: any

text: of

text: those

text: crimes

text: either

text: Even

text: if

text: he

text: had

text: however

text: Sales

text: is

text: clear

text: that

text: a

text: mere

text: nexus

text: between

text: the

text: crime

text: and

text: a

text: computer

text: does

text: not

text: justify

text: proscribing

text: the

text: use

text: of

text: anything

text: containing

text: a

text: circuit

text: board

text: or

text: microchips

text: Second

text: Barsumyan

text: s

text: statement

text: to

text: the

text: Secret

text: Service

text: Agent

text: that

text: he

text: was

text: interested

text: in

text: making

text: money

text: by

text: committing

text: different

text: types

text: of

text: credit

text: card

text: fraud

text: does

text: not

text: justify

text: such

text: a

text: sweeping

text: and

text: indefinite

text: condition

text: Perhaps

text: Barsumyan

text: s

text: statement

text: refers

text: to

text: different

text: ways

text: of

text: obtaining

text: credit

text: card

text: numbers

text: or

text: different

text: ways

text: to

text: exploit

text: the

text: numbers

text: We

text: can

text: only

text: speculate

text: and

text: that

text: speculation

text: does

text: not

text: make

text: the

text: condition

text: any

text: more

text: reasonably

text: necessary

text: to

text: prevent

text: further

text: crimes

text: Having

text: determined

text: that

text: it

text: was

text: error

text: to

text: impose

text: Condition

text: we

text: further

text: hold

text: that

text: the

text: error

text: was

text: plain

text: Sales

text: struck

text: down

text: a

text: more

text: defined

text: condition

text: on

text: facts

text: that

text: would

text: make

text: a

text: ban

text: on

text: computer

text: access

text: more

text: appropriate

text: than

text: in

text: this

text: case

text: Cf

text: Abbouchi

text: F

text: d

text: at

text: finding

text: plain

text: error

text: where

text: the

text: only

text: evidence

text: considered

text: by

text: the

text: district

text: court

text: to

text: support

text: a

text: domestic

text: violence

text: treatment

text: program

text: condition

text: was

text: a

text: paragraph

text: in

text: the

text: Presentence

text: Report

text: suggesting

text: strains

text: in

text: Abbouchi

text: s

text: relationship

text: with

text: his

text: wife

text: and

text: that

text: he

text: and

text: his

text: wife

text: had

text: separated

text: The

text: record

text: in

text: this

text: case

text: shows

text: no

text: attempt

text: by

text: either

text: the

text: Probation

text: Officer

text: or

text: sentencing

text: court

text: to

text: justify

text: this

text: sweeping

text: condition

text: Had

text: either

text: attempted

text: one

text: the

text: error

text: would

text: have

text: become

text: apparent

text: Condition

text: affected

text: Barsumyan

text: s

text: substantial

text: rights

text: See

text: Olano

text: U

text: S

text: at

text: S

text: Ct

text: holding

text: that

text: error

text: affects

text: substantial

text: rights

text: when

text: it

text: affect

text: s

text: the

text: outcome

text: of

text: the

text: district

text: court

text: proceeding

text: Abbouchi

text: F

text: d

text: at

text: holding

text: that

text: imposition

text: of

text: a

text: sentencing

text: condition

text: affects

text: defendant

text: s

text: substantial

text: rights

text: accord

text: United

text: States

text: v

text: Dozier

text: F

text: d

text: d

text: Cir

text: same

text: Similarly

text: Abbouchi

text: held

text: that

text: erroneous

text: imposition

text: of

text: a

text: sentencing

text: condition

text: without

text: adequate

text: justification

text: seriously

text: affect

text: ed

text: the

text: fairness

text: of

text: the

text: judicial

text: proceedings

text: F

text: d

text: at

text: quoting

text: United

text: States

text: v

text: Jordan

text: F

text: d

text: th

text: Cir

text: quotation

text: marks

text: omitted

text: The

text: government

text: contends

text: that

text: Barsumyan

text: s

text: substantial

text: rights

text: were

text: not

text: affected

text: because

text: as

text: an

text: alien

text: he

text: is

text: likely

text: to

text: be

text: removed

text: deported

text: from

text: the

text: United

text: States

text: and

text: never

text: subject

text: to

text: supervision

text: It

text: is

text: thus

text: highly

text: unlikely

text: that

text: he

text: will

text: ever

text: be

text: subject

text: to

text: the

text: computer

text: condition

text: that

text: he

text: now

text: challenges

text: In

text: United

text: States

text: v

text: Rodriguez

text: Rodriguez

text: this

text: court

text: rejected

text: a

text: similar

text: argument

text: made

text: on

text: ripeness

text: grounds

text: holding

text: that

text: a

text: defendant

text: may

text: assert

text: a

text: facial

text: challenge

text: to

text: a

text: condition

text: imposed

text: upon

text: him

text: at

text: the

text: time

text: of

text: his

text: sentence

text: notwithstanding

text: that

text: several

text: contingencies

text: might

text: have

text: to

text: occur

text: before

text: he

text: could

text: be

text: punished

text: for

text: its

text: violation

text: F

text: d

text: th

text: Cir

text: The

text: government

text: s

text: argument

text: here

text: is

text: effectively

text: the

text: converse

text: i

text: e

text: that

text: the

text: challenge

text: is

text: moot

text: because

text: several

text: contingencies

text: must

text: not

text: occur

text: for

text: Barsumyan

text: to

text: be

text: affected

text: This

text: argument

text: is

text: equally

text: unavailing

text: The

text: probability

text: that

text: the

text: defendant

text: will

text: actually

text: be

text: subject

text: to

text: the

text: condition

text: is

text: irrelevant

text: to

text: the

text: determination

text: of

text: substantial

text: rights

text: in

text: the

text: plain

text: error

text: context

text: which

text: equates

text: substantial

text: rights

text: with

text: legal

text: prejudice

text: Olano

text: U

text: S

text: at

text: S

text: Ct

text: It

text: must

text: have

text: affected

text: the

text: outcome

text: of

text: the

text: district

text: court

text: proceedings

text: Since

text: the

text: condition

text: would

text: not

text: have

text: been

text: imposed

text: had

text: the

text: error

text: not

text: occurred

text: it

text: necessarily

text: affected

text: substantial

text: rights

text: In

text: a

text: similar

text: vein

text: the

text: government

text: contends

text: that

text: Barsumyan

text: s

text: likely

text: removal

text: means

text: we

text: ought

text: to

text: decline

text: to

text: exercise

text: our

text: discretion

text: to

text: consider

text: the

text: plain

text: error

text: under

text: Rule

text: b

text: Even

text: if

text: removal

text: is

text: likely

text: however

text: it

text: is

text: not

text: certain

text: and

text: we

text: are

text: unwilling

text: to

text: speculate

text: whether

text: such

text: a

text: sweeping

text: and

text: inappropriate

text: condition

text: will

text: actually

text: be

text: enforced

text: Neither

text: does

text: the

text: prospect

text: of

text: Barsumyan

text: s

text: future

text: removal

text: mean

text: that

text: the

text: error

text: has

text: not

text: already

text: seriously

text: affect

text: ed

text: the

text: fairness

text: integrity

text: or

text: public

text: reputation

text: of

text: judicial

text: proceedings

text: requiring

text: our

text: correction

text: Olano

text: U

text: S

text: at

text: S

text: Ct

text: We

text: therefore

text: vacate

text: Condition

text: and

text: remand

text: for

text: the

text: district

text: court

text: to

text: impose

text: a

text: computer

text: related

text: restriction

text: permitted

text: by

text: this

text: opinion

text: Reporting

text: Requirement

text: Barsumyan

text: also

text: complains

text: that

text: Condition

text: requiring

text: that

text: he

text: report

text: to

text: the

text: Probation

text: Office

text: upon

text: reentry

text: to

text: the

text: United

text: States

text: violates

text: his

text: Fifth

text: Amendment

text: right

text: against

text: self

text: incrimination

text: He

text: contends

text: that

text: to

text: do

text: so

text: would

text: be

text: in

text: effect

text: to

text: report

text: himself

text: for

text: the

text: new

text: crime

text: of

text: being

text: found

text: in

text: the

text: country

text: after

text: deportation

text: See

text: United

text: States

text: v

text: Pina

text: Jaime

text: F

text: d

text: th

text: Cir

text: holding

text: that

text: an

text: alien

text: need

text: not

text: have

text: reentered

text: the

text: United

text: States

text: illegally

text: to

text: be

text: convicted

text: of

text: being

text: found

text: in

text: the

text: country

text: illegally

text: As

text: Barsumyan

text: himself

text: concedes

text: however

text: this

text: court

text: has

text: ruled

text: that

text: an

text: identical

text: reporting

text: condition

text: does

text: not

text: violate

text: the

text: Fifth

text: Amendment

text: See

text: Rodriguez

text: Rodriguez

text: F

text: d

text: at

text: The

text: district

text: court

text: did

text: not

text: err

text: in

text: imposing

text: Condition

text: in

text: this

text: case

text: Conclusion

text: We

text: conclude

text: that

text: the

text: district

text: court

text: did

text: not

text: abuse

text: its

text: discretion

text: in

text: imposing

text: a

text: month

text: sentence

text: We

text: further

text: hold

text: that

text: the

text: district

text: court

text: plainly

text: erred

text: in

text: imposing

text: a

text: restriction

text: on

text: all

text: computer

text: use

text: as

text: a

text: condition

text: of

text: supervised

text: release

text: but

text: did

text: not

text: plainly

text: err

text: in

text: requiring

text: the

text: defendant

text: to

text: report

text: to

text: the

text: Probation

text: Office

text: upon

text: reentry

text: to

text: the

text: United

text: States

text: The

text: defendant

text: s

text: sentence

text: is

text: AFFIRMED

text: IN

text: PART

text: VACATED

text: IN

text: PART

text: and

text: REMANDED

text: NOTES

text: The

text: Honorable

text: H

text: Russel

text: Holland

text: Senior

text: United

text: States

text: District

text: Judge

text: for

text: the

text: District

text: of

text: Alaska

text: sitting

text: by

text: designation

text: In

text: this

text: context

text: skimming

text: device

text: or

text: sometimes

text: just

text: skimmer

text: refers

text: to

text: a

text: small

text: electronic

text: device

text: that

text: can

text: capture

text: the

text: account

text: information

text: encoded

text: on

text: a

text: credit

text: card

text: s

text: magnetic

text: strip

text: The

text: information

text: is

text: stored

text: on

text: the

text: device

text: until

text: it

text: is

text: downloaded

text: onto

text: a

text: computer

text: whose

text: operator

text: can

text: then

text: manufacture

text: counterfeit

text: credit

text: cards

text: with

text: magnetic

text: strips

text: identical

text: to

text: those

text: on

text: the

text: genuine

text: cards

text: Skimming

text: devices

text: can

text: be

text: attached

text: to

text: ordinary

text: credit

text: card

text: readers

text: capturing

text: a

text: new

text: card

text: s

text: information

text: every

text: time

text: a

text: card

text: is

text: swiped

text: Device

text: making

text: equipment

text: is

text: defined

text: as

text: any

text: equipment

text: mechanism

text: or

text: impression

text: designed

text: or

text: primarily

text: used

text: for

text: making

text: an

text: access

text: device

text: or

text: a

text: counterfeit

text: access

text: device

text: U

text: S

text: C

text: e

text: Access

text: device

text: means

text: in

text: relevant

text: part

text: any

text: card

text: account

text: number

text: electronic

text: serial

text: number

text: or

text: other

text: means

text: of

text: account

text: access

text: that

text: can

text: be

text: used

text: alone

text: or

text: in

text: conjunction

text: with

text: another

text: access

text: device

text: to

text: obtain

text: money

text: goods

text: services

text: or

text: any

text: other

text: thing

text: of

text: value

text: or

text: that

text: can

text: be

text: used

text: to

text: initiate

text: a

text: transfer

text: of

text: funds

text: U

text: S

text: C

text: e

text: These

text: factors

text: are

text: the

text: nature

text: and

text: circumstances

text: of

text: the

text: offense

text: and

text: the

text: history

text: and

text: characteristics

text: of

text: the

text: defendant

text: the

text: need

text: for

text: the

text: sentence

text: imposed

text: A

text: to

text: reflect

text: the

text: seriousness

text: of

text: the

text: offense

text: to

text: promote

text: respect

text: for

text: the

text: law

text: and

text: to

text: provide

text: just

text: punishment

text: for

text: the

text: offense

text: B

text: to

text: afford

text: adequate

text: deterrence

text: to

text: criminal

text: conduct

text: C

text: to

text: protect

text: the

text: public

text: from

text: further

text: crimes

text: of

text: the

text: defendant

text: and

text: D

text: to

text: provide

text: the

text: defendant

text: with

text: needed

text: educational

text: or

text: vocational

text: training

text: medical

text: care

text: or

text: other

text: correctional

text: treatment

text: in

text: the

text: most

text: effective

text: manner

text: the

text: kinds

text: of

text: sentences

text: available

text: the

text: kinds

text: of

text: sentence

text: and

text: the

text: sentencing

text: range

text: established

text: for

text: the

text: applicable

text: category

text: of

text: offense

text: committed

text: by

text: the

text: applicable

text: category

text: of

text: defendant

text: as

text: set

text: forth

text: in

text: the

text: guidelines

text: any

text: pertinent

text: policy

text: statement

text: issued

text: by

text: the

text: Sentencing

text: Commission

text: subject

text: to

text: any

text: amendments

text: made

text: to

text: such

text: policy

text: statement

text: by

text: act

text: of

text: Congress

text: the

text: need

text: to

text: avoid

text: unwarranted

text: sentence

text: disparities

text: among

text: defendants

text: with

text: similar

text: records

text: who

text: have

text: been

text: found

text: guilty

text: of

text: similar

text: conduct

text: and

text: the

text: need

text: to

text: provide

text: restitution

text: to

text: any

text: victims

text: of

text: the

text: offense

text: U

text: S

text: C

text: a

text: Both

text: wireless

text: telephones

text: and

text: credit

text: cards

text: are

text: considered

text: access

text: devices

text: for

text: these

text: purposes

text: The

text: cloning

text: of

text: wireless

text: telephones

text: was

text: considered

text: particularly

text: serious

text: because

text: cloned

text: cell

text: phones

text: are

text: commonly

text: used

text: by

text: drug

text: dealers

text: and

text: other

text: criminals

text: to

text: evade

text: surveillance

text: See

text: Cong

text: Rec

text: S

text: statement

text: of

text: Sen

text: Leahy

text: Cong

text: Rec

text: S

text: statement

text: of

text: Sen

text: Kyl

text: Affirmative

text: or

text: breeding

text: identity

text: theft

text: involves

text: affirmative

text: activity

text: to

text: generate

text: or

text: breed

text: another

text: level

text: of

text: identification

text: means

text: without

text: the

text: knowledge

text: of

text: the

text: individual

text: victim

text: whose

text: identification

text: means

text: are

text: mis

text: used

text: purloined

text: or

text: taken

text: over

text: U

text: S

text: S

text: G

text: app

text: C

text: amend

text: This

text: next

text: level

text: of

text: identification

text: is

text: in

text: turn

text: used

text: to

text: create

text: new

text: bank

text: accounts

text: loans

text: etc

text: In

text: Kimbrough

text: for

text: example

text: the

text: district

text: court

text: first

text: cited

text: numerous

text: mitigating

text: factors

text: pertaining

text: to

text: the

text: case

text: itself

text: such

text: as

text: the

text: defendant

text: s

text: military

text: service

text: steady

text: history

text: of

text: employment

text: and

text: lack

text: of

text: prior

text: convictions

text: as

text: well

text: as

text: the

text: unremarkable

text: nature

text: of

text: the

text: offense

text: Kimbrough

text: S

text: Ct

text: at

text: Importantly

text: even

text: as

text: the

text: sentencing

text: court

text: then

text: took

text: into

text: account

text: the

text: irrational

text: effect

text: of

text: the

text: crack

text: powder

text: disparity

text: the

text: Supreme

text: Court

text: noted

text: with

text: approval

text: that

text: the

text: court

text: did

text: not

text: purport

text: to

text: establish

text: a

text: ratio

text: of

text: its

text: own

text: Rather

text: it

text: appropriately

text: framed

text: its

text: final

text: determination

text: in

text: line

text: with

text: a

text: s

text: overarching

text: instruction

text: to

text: impose

text: a

text: sentence

text: sufficient

text: but

text: not

text: greater

text: than

text: necessary

text: to

text: accomplish

text: the

text: sentencing

text: goals

text: advanced

text: in

text: a

text: Id

text: Instead

text: of

text: rewriting

text: each

text: characteristic

text: enhancement

text: and

text: adjustment

text: the

text: district

text: court

text: in

text: Kimbrough

text: properly

text: calculated

text: the

text: advisory

text: range

text: according

text: to

text: the

text: Guidelines

text: as

text: written

text: and

text: only

text: deviated

text: from

text: that

text: range

text: after

text: engaging

text: in

text: a

text: holistic

text: a

text: review

text: After

text: allegedly

text: receiving

text: only

text: six

text: numbers

text: Barsumyan

text: demanded

text: another

text: before

text: he

text: would

text: provide

text: the

text: Agent

text: with

text: another

text: counterfeit

text: credit

text: card

text: In

text: other

text: words

text: before

text: his

text: arrest

text: Barsumyan

text: contemplated

text: at

text: least

text: potential

text: victims

text: It

text: is

text: unclear

text: whether

text: in

text: any

text: manner

text: is

text: meant

text: to

text: refer

text: to

text: manners

text: of

text: devices

text: or

text: manners

text: of

text: accessing

text: or

text: possessing

text: them

text: Either

text: interpretation

text: would

text: make

text: the

text: condition

text: sweeping

text: in

text: the

text: extreme

text: Indeed

text: the

text: prohibition

text: in

text: Sales

text: was

text: more

text: specific

text: namely

text: Computers

text: and

text: computer

text: related

text: devices

text: include

text: but

text: are

text: not

text: limited

text: to

text: personal

text: computers

text: personal

text: data

text: assistants

text: PDAs

text: internet

text: appliances

text: electronic

text: games

text: and

text: cellular

text: telephones

text: as

text: well

text: as

text: their

text: peripherial

text: equipment

text: that

text: can

text: access

text: or

text: be

text: modified

text: to

text: access

text: the

text: internet

text: electronic

text: bulletin

text: boards

text: and

text: other

text: computers

text: or

text: similar

text: media

text: F

text: d

text: at

text: The

text: focus

text: of

text: the

text: prohibition

text: in

text: Sales

text: reflected

text: a

text: concern

text: more

text: with

text: computer

text: connectivity

text: than

text: with

text: computers

text: per

text: se

text: No

text: such

text: limitation

text: is

text: present

text: here

text: The

text: other

text: convictions

text: are

text: for

text: petty

text: theft

text: vandalism

text: and

text: speeding

text: When

text: this

text: court

text: has

text: upheld

text: conditions

text: restricting

text: Internet

text: access

text: in

text: cases

text: involving

text: child

text: pornography

text: it

text: has

text: done

text: so

text: citing

text: the

text: strong

text: link

text: between

text: child

text: pornography

text: and

text: the

text: Internet

text: and

text: the

text: need

text: to

text: protect

text: the

text: public

text: particularly

text: children

text: from

text: sex

text: offenders

text: United

text: States

text: v

text: Rearden

text: F

text: d

text: th

text: Cir

text: quoting

text: United

text: States

text: v

text: Zinn

text: F

text: d

text: th

text: Cir

text: We

text: are

text: aware

text: of

text: no

text: published

text: cases

text: approving

text: Internet

text: restrictions

text: imposed

text: on

text: a

text: defendant

text: convicted

text: of

text: a

text: nonsexual

text: offense

text: let

text: alone

text: a

text: restriction

text: on

text: all

text: computer

text: related

text: devices

text: whether

text: Internet

text: capable

text: or

text: not

text: Unless

text: computer

text: related

text: devices

text: encompasses

text: skimmers

text: it

text: might

text: not

text: have

text: under

text: the

text: definition

text: in

text: Sales

text: because

text: the

text: skimmers

text: cannot

text: access

text: the

text: Internet

text: Condition

text: would

text: not

text: have

text: prevented

text: the

text: crime

text: of

text: which

text: Barsumyan

text: was

text: convicted

text: We

text: express

text: no

text: opinion

text: as

text: to

text: Barsumyan

text: s

text: actual

text: removability

text: and

text: assume

text: arguendo

text: that

text: immigration

text: proceedings

text: will

text: rule

text: Barsumyan

text: to

text: be

text: removable

text: and

text: that

text: it

text: is

text: likely

text: that

text: he

text: will

text: actually

text: be

text: deported

text: Federal

text: Rule

text: of

text: Criminal

text: Procedure

text: b

text: states

text: that

text: a

text: plain

text: error

text: that

text: affects

text: substantial

text: rights

text: may

text: be

text: considered

text: even

text: though

text: it

text: was

text: not

text: brought

text: to

text: the

text: court

text: s

text: attention

text: Emphasis

text: added