Background
Jamarus Hoskins was convicted of conspiracy to transport, possess, and sell stolen motor vehicles in interstate commerce, along with three substantive counts of selling or possessing stolen vehicles. The district court sentenced him to ninety-seven months of imprisonment, applying a two-level increase for receiving stolen property and a four-level increase for his role as an organizer or leader of the criminal activity.
The court’s reasoning
The court held that the two-level increase for receiving stolen property under U.S.S.G. section two B one point one subsection b four applies only to defendants who act as fences who sell goods stolen by others, not to those who are the operative actors in the theft. Hoskins directed the thefts, selected targets, and managed the scheme, making him a thief rather than a fence. Conversely, the court found no clear error in the leadership-role increase under U.S.S.G. section three B one point one subsection a, as evidence showed Hoskins exercised decision-making authority, recruited accomplices, and controlled five or more participants.
What it means going forward
Defendants who actively orchestrate theft rings rather than merely selling stolen goods will not be subject to the specific sentencing enhancement for receiving stolen property, though they may still face leadership-role enhancements if they control multiple participants.