Counterfeiting Enhancement Reversed

U.S. v. Tatum, -- F.3d --, 2008 WL 554818 (10th Cir. 3/3/08) - The district court erred in imposing a six-level enhancement under § 2B1.1(b)(10) because defendant's counterfeiting conduct did not involve use or possession of equipment designed or primarily used for making, trafficking, or producing what falls within the statutory definition of access devices, i.e., one of a number of means of accessing accounts that can be used to obtain money, goods, services or anything of value or to initiate a transfer of funds.