United States v. Andrew Hackett

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-50142

Plaintiff-Appellee, D.C. No. 3:18-cr-03072- v. TWR-

ANDREW HACKETT,

OPINION

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Todd W. Robinson, District Judge, Presiding

Argued and Submitted August 21, 2023 Pasadena, California

Filed December 18, 2024

Before: Marsha S. Berzon, Johnnie B. Rawlinson, and Daniel A. Bress, Circuit Judges.

Opinion by Judge Rawlinson; Dissent by Judge Berzon SUMMARY *

Criminal Law

The panel affirmed the district court’s judgment in a case in which Andrew Hackett, a stock promoter, was convicted and sentenced for conspiracy to commit securities fraud and securities fraud in connection with the manipulative trading of a public company’s stock. The district court imposed a 16-level sentencing enhancement under the pre-November 1, 2024, version of U.S.S.G. § 2B1.1(b)(1)(I), which applies if the loss exceeds more than $1.5 million. (The 2024 versions of the guideline and commentary do not…