Sentencing; Reasonableness; Snow factors; People v Snow

The court held that there were more than adequate reasons justifying departure, and defendant’s sentence was reasonable considering all the Snow factors. He claimed “his 2- to 5-year sentence for using and possessing a card-skimming device” was unreasonable. He claimed “that the trial court did not sufficiently justify its upward departure.” The court could not agree. Defendant did “not dispute his involvement in a Romanian based conspiracy dedicated to stealing and using consumers’ bank information.” The court saw “no abuse of discretion in the trial court’s determination that the sentencing guidelines neither properly accounted for the breadth of his crimes (one need only have been convicted of two concurrent felonies to receive the 20 point-maximum under PRV 7), nor that they could have captured his extensive pattern of criminal behavior during his short time in the United States. The trial court also discussed the significant risk that defendant would continue the illicit activities until Immigration and Customs Enforcement could act on its detainer.” Affirmed.