United States v. Creech, 071118 FED11, 17-13733

Docket Nº:17-13733
Opinion Judge:PER CURIAM.
Party Name:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LAKEYA SHEONNA CREECH, Defendant-Appellant.
Judge Panel:Before TJOFLAT, JORDAN and NEWSOM, Circuit Judges.
Case Date:July 11, 2018
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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UNITED STATES OF AMERICA, Plaintiff - Appellee,

v.

LAKEYA SHEONNA CREECH, Defendant-Appellant.

No. 17-13733

United States Court of Appeals, Eleventh Circuit

July 11, 2018

DO NOT PUBLISH

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 3:15-cr-00151-HES-JRK-1

Before TJOFLAT, JORDAN and NEWSOM, Circuit Judges.

PER CURIAM.

Lakeya Creech appeals the district court's order that she pay $1, 261, 751.35 in restitution following her guilty plea to conspiracy to commit wire fraud in violation of 18 U.S.C. §§ 2, 1342, and 1349. She argues that the district court erred in determining the restitution amount and in failing to sufficiently explain its findings. After review of the record and the parties' briefs, we affirm the district court's restitution order.

I

Ms. Creech was involved in a fraudulent scheme to collect payments from the United States Department of Agriculture in exchange for fictitious food sales. In July of 2013, Ms. Creech submitted an application to the United States Department of Agriculture to authorize her fictitious seafood business, Sheonna's Seafood, to receive Supplemental Nutrition Assistance Program (SNAP) benefits as payment for any products sold. In November of 2013, Ms. Creech became qualified to receive SNAP benefits from the USDA. From 2013 to 2015, members of the conspiracy purchased Electronic Benefit Transfer (EBT) cards, typically for fifty cents on the dollar, from their lawful recipients. They then used the cards at point of service terminals in order to register fraudulent transactions at their "seafood business," i.e., Sheonna's Seafood. The USDA then reimbursed those transactions to the bank account Ms. Creech established to receive SNAP benefits. Throughout 2014 and 2015, law enforcement agents investigated Ms. Creech and her co-conspirators by making undercover sales of EBT benefits to various members of the conspiracy.

In October of 2015, a federal grand jury indicted Ms. Creech for conspiracy to commit wire fraud. As noted, Ms. Creed pled guilty to this conspiracy charge.

At sentencing, the district court imposed a sentence of 15 months' imprisonment. The district court also ordered Ms. Creech to pay $1, 261, 751.35 in...

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