United States v. Harrison
Docket: No. 05-4250-CR
Court: Court of Appeals for the Second Circuit; March 28, 2006; Federal Appellate Court
The judgment of the Southern District of New York is affirmed, finding Veronica Harrison guilty of aiding and abetting identity fraud under 18 U.S.C. § 1028(a)(7) after a bench trial. Harrison received a twenty-seven-month prison sentence, which she contests as unreasonable. The court maintains that a sufficiency of evidence challenge is rarely successful, affirming that any rational trier of fact could have found the essential elements of the crime satisfied beyond a reasonable doubt. The court applies a standard of review that favors the government during evidence analysis and credibility assessments. Harrison's case is likened to United States v. Zambrano, where intent was inferred from the defendant's actions, leading to affirmation of her conviction based on her three-year participation in the fraudulent scheme and her financial stake in its success. Regarding her sentencing, the court emphasizes that while the Guidelines are no longer mandatory, they must be considered alongside relevant sentencing factors per 18 U.S.C. § 3553(a). The district court adequately explained its reasoning for the upward departure from the Guidelines range, and the sentence is deemed reasonable given the case's circumstances. Harrison's argument against the application of Booker for conduct that predates its ruling is rejected, as is the remainder of her claims, which are found to lack merit. Overall, the district court's judgment is affirmed.