United States v. Hines
United States v. Hines
Opinion of the Court
MEMORANDUM
Richard Hines appeals from the 142-month sentence imposed following his guilty-plea convictions for mail fraud in violation of 18 U.S.C. § 1341 and promotional money laundering in violation of 18 U.S.C. § 1956(a)(l)(A)(I). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate and remand.
As the district court acknowledged in its tentative ruling, Hines made factual
Because the four-level aggravating role enhancement does not have an “extremely disproportionate effect” on the sentence when evaluated according to our multi-factor test, see United States v. Jordan, 256 F.3d 922, 928 (9th Cir. 2001), we reject Hines’ contention that the district court must apply the “clear and convincing” standard of proof when it considers this enhancement on remand. See United States v. Staten, 450 F.3d 384, 392-93 (9th Cir. 2006).
VACATED and REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
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