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United States v. Toney
Citation: 177 F. App'x 486Docket: No. 03-2337
Court: Court of Appeals for the Seventh Circuit; April 12, 2006; Federal Appellate Court
Lisa Toney and her boyfriend committed fraud by using her husband's name and personal information. Upon discovery of their actions, they retaliated by sending a mail bomb, which injured another individual. Toney was convicted on multiple charges, including conspiracy to utilize fraudulent identification (18 U.S.C. § 1028(f)), fraudulent use of an access device (18 U.S.C. § 1029(a)(2)), mail theft (18 U.S.C. § 1708), and conspiracy to use explosives in the commission of a felony that resulted in death (18 U.S.C. § 844(n)). The district court sentenced her to several concurrent prison terms, with the longest being life imprisonment. Toney appealed, claiming the district court erred by treating the sentencing guidelines as mandatory, referencing United States v. Booker. The appellate court inquired if the judge would have imposed a lesser sentence had he known the guidelines were advisory; the judge confirmed he would have. Consequently, the appellate court vacated Toney’s sentence and remanded the case for re-sentencing.