United States v. Geoffrey Mark Hays Talsma

CourtCourt of Appeals for the Sixth Circuit
DecidedApril 2, 2024
Docket22-1689
StatusUnpublished

This text of United States v. Geoffrey Mark Hays Talsma (United States v. Geoffrey Mark Hays Talsma) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Geoffrey Mark Hays Talsma, (6th Cir. 2024).

Opinion

NOT RECOMMENDED FOR PUBLICATION File Name: 24a0150n.06

No. 22-1689

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Apr 02, 2024 ) KELLY L. STEPHENS, Clerk UNITED STATES OF AMERICA, ) Plaintiff-Appellee, ) ON APPEAL FROM THE ) UNITED STATES DISTRICT v. ) COURT FOR THE WESTERN ) DISTRICT OF MICHIGAN GEOFFREY MARK HAYS TALSMA, ) Defendant-Appellant. ) OPINION )

Before: COLE, CLAY, and BLOOMEKATZ, Circuit Judges.

CLAY, Circuit Judge. Defendant Geoffrey Mark Hays Talsma appeals his 192-month

sentence after pleading guilty to one count of mail fraud, in violation of 18 U.S.C. § 1341, and one

count of aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1), (b), and (c)(5).

Talsma’s guilty plea and sentence relate to his role in the rental of nearly 15,000 textbooks under

numerous false identities and the subsequent sale of those textbooks for a profit. Talsma now

challenges his sentence on three grounds, arguing that the district court incorrectly (1) enhanced

his Guidelines offense level under U.S.S.G. § 2B1.1(b)(1) for a loss greater than $1,500,000 but

less than or equal to $3,500,000; (2) declined to reduce his offense level under U.S.S.G. § 3E1.1

for acceptance of responsibility; and (3) enhanced his offense level under U.S.S.G. § 3B1.1(a) for

his serving as a leader or organizer of criminal activity involving five or more participants. For

the reasons set forth below, we AFFIRM Talsma’s sentence. No. 22-1689, United States v. Talsma

I. BACKGROUND

A. Factual Background

From 2016 to 2021, Talsma rented thousands of textbooks from Amazon.com (“Amazon”).

Rather than return the textbooks when they were due, he kept them and sold them for a profit. To

advance this scheme, Talsma repeatedly created new Amazon accounts using stolen and falsified

identities. Occasionally, he also called Amazon to falsely claim that he had not received a rental

textbook so that Amazon would cancel his rental or credit his account. And he recruited three

individuals—Paul Larson, Lovedeep Dhanoa, and Gregory Gleesing—to participate, ultimately

teaching them how to rent textbooks and compensating them from the sales. All told, Talsma,

individually and with others, rented 14,960 textbooks in this manner.

Each of the 14,960 rental textbooks attributable to Talsma had a pre-set “buyout” price that

Talsma could have paid to lawfully keep the textbook. But Talsma neither returned any of the

textbooks, nor paid the textbooks’ buyout prices. Although Amazon automatically charged the

buyout price when a customer failed to return a rental textbook, Talsma circumvented these

automatic charges by renting textbooks with gift cards and prepaid Visa cards, the balances of

which he would drain. The buyout prices for the 14,960 rental textbooks attributable to Talsma

totaled $3,227,347.82.

B. Procedural Background

On October 5, 2021, a grand jury returned a thirty-one-count indictment against Talsma,

charging him with seventeen counts of mail fraud, in violation of 18 U.S.C. § 1341; nine counts

of wire fraud, in violation of 18 U.S.C. § 1343; two counts of aggravated identity theft, in violation

of 18 U.S.C. § 1028A(a)(1), (b), and (c)(5); one count of interstate transportation of stolen

-2- No. 22-1689, United States v. Talsma

property, in violation of 18 U.S.C. § 2314; and two counts of making false statements to the FBI,

in violation of 18 U.S.C. § 1001(a)(2). Talsma initially pled not guilty to these counts.

Talsma was arrested in connection with the indictment on October 14, 2021, and he was

released on bond that same day. After Talsma’s release on bond, a witness in Talsma’s case and

a victim of identity theft by Talsma reported that Talsma had stalked and harassed him by driving

repeatedly past his home and waiving and honking at his spouse and children. In addition, Talsma

committed a number of violations of the conditions set forth for his bond, such as testing positive

multiple times for drug use.

In light of the above, the pretrial services and probation office petitioned the district court

to revoke Talsma’s bond, and the district court scheduled a bond revocation hearing for January 7,

2022. However, the day before the bond revocation hearing, Talsma successfully moved to

adjourn the hearing, stating that he had been exposed to COVID-19 and was awaiting test results.

On January 11, 2022, Talsma successfully moved again to adjourn the bond revocation hearing,

stating that he had tested positive for COVID-19 and attaching a positive test record signed by

physician “S. Fichuk.” On January 23, 2022, Talsma successfully moved a third time to reschedule

the bond revocation hearing, affixing a letter from Dr. Fichuk that explained that Talsma needed

additional time to isolate and quarantine.

Shortly thereafter, FBI agents received reports that the correspondence from Dr. Fichuk

was not genuine and that Talsma had doctored his COVID-19 test result. Upon investigation, the

medical facility at which Talsma had received a COVID-19 test replied that Talsma had tested

negative for COVID-19, and Dr. Fichuk—the doctor who purportedly signed Talsma’s positive

COVID-19 test and directed Talsma to isolate for an additional period—stated that she had not

seen Talsma, had not written the correspondence Talsma had submitted, and that his positive test

-3- No. 22-1689, United States v. Talsma

result appeared doctored. On January 28, 2022, Talsma was arrested and remanded to the custody

of the U.S. Marshals Service.

Subsequently, Talsma pled guilty to one count of mail fraud and one count of aggravated

identity theft in exchange for the dismissal of the remaining counts against him. The probation

office then issued a pre-sentence report that recommended a Guidelines range of 151 to 188

months’ imprisonment for Talsma’s mail fraud count, based on a total offense level of 31 and a

criminal history category of IV. The aggravated identity theft count was excluded from the

Guidelines range calculation because it carries a mandatory 24-month consecutive sentence, as set

forth in 18 U.S.C. § 1028A(a)(1). See U.S.S.G. § 3D1.1(b)(1) (directing courts to exclude

statutory consecutive terms of imprisonment from the calculation of a defendant’s offense level).

At his sentencing hearing, Talsma was sentenced to 192 months’ imprisonment, comprised

of a within-Guidelines sentence of 168 months’ imprisonment for mail fraud and the statutorily

required sentence of 24 months’ imprisonment for aggravated identity theft, as well as three years

of supervised release. The district court entered judgment on July 28, 2022, from which Talsma

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