United States v. Brian Martin

MEMORANDUM

Brian Martin appeals his 87-month sentence (including supervised release, restitution, and special assessments) on remand, we affirm.

The district court’s factual findings that Martin demonstrated an intent and preparation to carry out his threats against Elvira Garay and Jonathan Dean with the ability to do so are well supported by the evidence. Accordingly, the court’s imposition of sentencing enhancements was appropriate.

Martin’s argument that his offenses should have been grouped pursuant to U.S.S.G. § 3Dl.l(a)(l) because they arose from one common scheme is wrong. His scheme involved multiple victims. Therefore, grouping is not appropriate. Martin’s arguments based on out-of-circuit precedent are inapposite.

Finally, contrary to his argument, Martin’s 87-month sentence was substantively reasonable when measured against the aggressive and extortionate dimensions of his criminal conduct plus his past history.

AFFIRMED.

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