United States v. Wyche

U.S. Court of Appeals for the Eleventh Circuit
United States v. Wyche, 386 F. App'x 957 (11th Cir. 2010)

United States v. Wyche

Opinion

PER CURIAM:

Gvon La Qua Wyche appeals his sentence of 24 months of imprisonment for conspiring to commit bank fraud. 18 U.S.C. § 371. Wyche challenges the enhancement of his sentence for his leading role in the offense. United States Sentencing Guideline § 3B1.1. We affirm.

The district court did not err by applying the aggravating role enhancement. Wyche orchestrated an extensive conspiracy to commit bank fraud. Id. § 3Bl.l(a). Wyche recruited Leroy Thibou to enlist coconspirators into whose bank accounts Wyche transferred electronically money owned by the Bank of America. Wyche controlled the bank accounts, instructed the coconspirators how to withdraw the proceeds, and disbursed the proceeds. Wyche ordinarily received the largest percentage of the proceeds.

Even if the district court had erred in enhancing Wyche’s sentence, that error would have been harmless. The district court stated that it would have imposed the same sentence regardless of whether the enhancement was applicable. See United States v. Keene, 470 F.3d 1347, 1348-49 (11th Cir. 2006).

Wyche’s sentence is AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Gvon La Qua WYCHE, Defendant-Appellant
Status
Unpublished