June 11, 2012 UNITED STATES COURT of APPEALS Elisabeth A
FILED United States Court of Appeals Appellate Case: 11-6310 Document: 01018859194 Date Filed: 06/11/2012Tenth Circuit Page: 1 June 11, 2012 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-6310 v. (W.D. Oklahoma) AUBREY DEAN ELWOOD, (D.C. No. 5:11-CR-00079-R-1) Defendant - Appellant. ORDER AND JUDGMENT* Before MURPHY, ANDERSON, and HARTZ, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Defendant and appellant Aubrey Dean Elwood pled guilty to one count of converting to his own use $1,847.90 belonging to the Social Security *This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. Appellate Case: 11-6310 Document: 01018859194 Date Filed: 06/11/2012 Page: 2 Administration (“SSA”), in violation of 18 U.S.C. § 641 (count one), and one count of using without lawful authority the means of identification of another person during and in relation to the offense charged in the first count, in violation of 18 U.S.C. § 1028A (count two). In a variance from the advisory sentence calculated under the United States Sentencing Commission, Guidelines Manual (“USSG”), the district court sentenced Elwood to a total of 120 months’ imprisonment, comprised of ninety-six months on count one and twenty-four months on count two, to run consecutively.
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