United States v. Darryl Stanley Paxton, Jr.
Opinion
The district court convicted Darryl Stanley Paxton, Jr., on pleas of guilty, made pursuant to a plea agreement, to all counts of a 15-count indictment: Counts 1 through 6, wire fraud, in violation of 18 U.S.C. § 1343; Counts 7 through 10, fraudulent use of a Social Security number, in violation of 42 U.S.C. § 408(a)(7)(B); and Counts 11 through 15, money laundering, in "violation of 18 U.S.C. § 1957(a). The court then sentenced Pax-ton to concurrent prison terms of 84 months on Counts 1 through 6 and 11 through 15 and 60 months on Counts 7 through 10. 1 The court imposed the 84 months’ sentences at the bottom third of the Guidelines sentence range, 78 to 97 months.
Paxton now appeals the sentences he received on Counts 1 through 6 and 11 through 15 on the ground that they are procedurally unreasonable, to-wit: the district court improperly enhanced the U.S.S.G. § 2B1.1 base offense level (for the 18 U.S.C. § 1343 offense) by two levels pursuant to special offense characteristic § 2Bl.l(b)(10)(C)(i) on the ground that he used a fictitious name to obtain bank loans and lines of credit rather than an actual name. 2
Paxton’s claim that the challenged sentences are procedurally unreasonable fails because Paxton, in pleading guilty, admitted that he used a valid Social Security number to obtain certain loans; the admission was contained in the factual basis for his pleas of guilty. In short, the court appropriately applied the two-level enhancement provided by § 2B1.1(b)(10)(C)(i). United States v. Auguste, 392 F.3d 1266, 1268 (11th Cir. 2004); accord United States v. Williams, 355 F.3d 893, 898-900 (6th Cir. 2003). Paxton’s sentences on Counts 1-6 and 11-15 are accordingly
AFFIRMED.
. As part of Paxton’s sentences on Counts 1 through 6 and 11 through 15, the district court ordered Paxton to make restitution in the stipulated amount of $ 1,519,856.
. In determining the 78-97 months Guidelines sentence range, the district court, adopting the probation office’s determination, fashioned three groups: Counts 1-6, 7-10, and 11-15, and then grouped these groups together. The guidelines for Counts 1-6 embodied the special offense characteristic at issue here and thus provided the highest offense level in the case-for Counts 1-6 and 11-15.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Darryl Stanley PAXTON, Jr., Defendant-Appellant
- Status
- Unpublished