November 28, 2017
from the United States District Court for the Northern
District of Illinois, Eastern Division. No. 11 CR 292 -
Edmond E. Chang, Judge.
BAUER, ROVNER, and SYKES, Circuit Judges.
Ryan Miller, entered into a written plea agreement with the
government and pleaded guilty to mail fraud affecting a
financial institution, in violation of 18 U.S.C. § 1341,
and aggravated identity theft, in violation of 18 U.S.C.
§ 1028A(a)(1). Miller now appeals on the grounds that
the indictment failed to specify proper means of
identification; that the district court improperly applied
two points to his criminal history calculation under U.S.S.G.
§ 4Al.l(d) for committing the charged crimes while under
a criminal justice sentence; and that the district court
improperly mandated participation in the inmate financial
responsibility program ("IFRP").
July 2007 and December 2009, Miller obtained and possessed
identifying information for a number of individuals without
their knowledge or consent. Miller possessed at least some
personal identifying information, including names, addresses,
birth dates, and social security numbers for over 200
individuals in a notebook. Miller knew this information
belonged to at least one actual person and that he lacked
authorization to have this information.
used this personal identifying information to open credit
card accounts with financial institutions, falsely
representing that these individuals had applied for cards. To
receive the fraudulently obtained credit cards, Miller opened
mailboxes at UPS stores in the Chicago area under the
victims' names. Miller then used these fraudulently
obtained credit cards to withdraw cash from ATMs.
approximately October 2009 through February 2010, as part of
a second scheme, Miller fraudulently obtained unemployment
insurance benefits from the Texas Workforce Commission
("TWC"), an agency that administers unemployment
insurance in Texas. Using personal identifying information
belonging to other individuals, Miller submitted more than
600 fraudulent claims for unemployment insurance benefits to
the TWC. In response to these submissions, TWC sent debit
cards to the Chicago mailboxes Miller opened using personal
identifying information he unlawfully possessed. Miller used
these debit cards to withdraw money from ATMs.
April 14, 2011, a grand jury returned a twelve-count
indictment against Miller. In relation to his fraudulent
credit card scheme, the grand jury charged Miller with
conspiring to commit mail fraud, bank fraud, and identity
theft, in violation of 18 U.S.C. § 371 (Count One); mail
fraud, in violation of 18 U.S.C. § 1341 (Counts Two and
Three); bank fraud, in violation of 18 U.S.C. § 1344
(Counts Four and Five); identity theft, in violation of 18
U.S.C. § 1028(a)(7) (Count Six); and aggravated identity
theft, in violation of 18 U.S.C. § 1028A(a)(1) (Count
Seven). In relation to Miller's fraudulent unemployment
benefits scheme, the grand jury charged Miller with mail
fraud, in violation of 18 U.S.C. § 1341 (Counts Eight,
Nine, Ten, and Eleven), and aggravated identity theft, in
violation of 18 U.S.C. § 1028A(a)(1) (Count Twelve).
releasing him on bond, the district court discovered Miller
stole $13, 750 from the correctional facility where he had
initially been detained, prompting the district court to
issue a bench warrant for his arrest. Miller fled to, and was
later found, in the Dominican Republic in February 2015. Upon
extradition to the Northern District of Illinois, Miller
sought a bill of particulars in regards to Count Twelve and
moved to dismiss Counts Six, Seven, and Twelve, for duplicity
and lack of specificity. The district court denied these
motions. The government then provided Miller with additional
details regarding these three counts and amended the
indictment to dismiss Count One and narrow the predicate
offenses in Counts Six and Seven from mail fraud and bank
fraud to solely mail fraud.
to the issues before us, Count Six of the original indictment
alleged that Miller
knowingly possessed, without lawful authority, means of
identification of another person, namely a notebook
containing more than 200 names, dates of birth, and Social
Security numbers for various persons, with the intent to
commit and to aid and abet, and in connection with, unlawful
activity constituting a violation of Federal law, namely mail
fraud, in violation of Title 18, United States ...