FOR PUBLICATION Argued and Submitted August 8, 2003-Pasadena, California Opinion by Judge Tallman; Dissent by Judge Noonan OPINION Fatima Peyton was tried and convicted of access device fraud in violation of 18 U.S.C. ยง 1029(a)(1) and (2) and sentenced to 15 months imprisonment for her role in an identity theft ring. Following a successful appeal, in which we reversed six of the eight counts of conviction, Peyton was resentenced to 30 months. She now appeals the resentencing, asserting that: (1) the district judge acted vindictively by doubling her sentence; (2) the district court applied an improper evidentiary standard to evidence proffered in support of sentencing factors; and (3) insufficient evidence existed to apply the sentencing enhancements for accountable loss, obstruction of justice, and abuse of a position of trust.
