United States v. Marsh

U.S. Court of Appeals for the Ninth Circuit
United States v. Marsh, 266 F. App'x 564 (9th Cir. 2008)

United States v. Marsh

Opinion of the Court

MEMORANDUM **

Talcum Marsh, III appeals from the district court’s judgment sentencing him to a 262-month term of imprisonment. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

*565The district court did not err in imposing a twenty-level enhancement for an intended loss amount of $18 million. See United States v. Tulaner, 512 F.3d 576, 578 (9th Cir. 2008) (“[T]he full scope of the defendant’s fraudulent conduct is taken into account when calculating the intended loss.”); U.S.S.G. § 2B1.1 (2005).

The district court’s four-level enhancement of Marsh’s sentence under U.S.S.G. § 3Bl.l(a) was proper because the evidence supports the district court’s determination that Marsh was an organizer or leader. United States v. Garcia, 497 F.3d 964, 969-70 (9th Cir. 2007); United States v. Avila, 95 F.3d 887, 889 (9th Cir. 1996).

Because the district court adequately considered the factors identified in 18 U.S.C. § 3553(a), the sentence imposed was reasonable. See Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2468-69, 168 L.Ed.2d 203 (2007).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
United States v. Talcum MARSH, III
Status
Published