United States V. Eve

BOYCE F. MARTIN, JR., Circuit Judge. Michael A. Eve was charged with one count of using a false Social Security Number, in violation of 42 U.S.C. § 408(a)(7)(B). Eve pled guilty to this offense. Eve's Presentence Report calculated his overall offense level under the Sentencing Guidelines by relying on a base offense level of 6 and sentencing enhancements of two points each for obstruction of Justice, a scheme involving more than minimal planning, and violation of a standing judicial order. Eve's criminal history placed him in category VI; therefore, his sentencing range was 24 to 30 months.*fn1 The district court determined that an upward departure from the guidelines range was necessary; therefore, Eve was sentenced to the statutory maximum of five years. Eve appeals the two-point enhancements to his base offense level and the district court's upward departure from the guidelines. We affirm in part and reverse in part and remand to the district court for resentencing consistent with this opinion.