United States v. Steven Ferguson

MEMORANDUM

Defendant Steven M. Ferguson appeals his sentence imposed following his jury convictions for three counts of mail fraud ( 18 U.S.C. § 1341 ), five counts of travel fraud ( 18 U.S.C. § 2314 ), five counts of promotion of unlawful activity with criminal proceeds ( 18 U.S.C. § 1956 (a)(1)(A)(i)), two counts of engaging in monetary transactions with criminally derived proceeds ( 18 U.S.C. § 1957 ), six counts of obstruction of justice ( 18 U.S.C. § 1503 ), and two counts of tax evasion ( 26 U.S.C. § 7201 ; 18 U.S.C. § 2 ). We have jurisdiction under 18 U.S.C. § 8742 and 28 U.S.C. § 1291 , and we affirm in part, vacate in part, and remand for resentencing.

(1) The district court did not violate Rule 32 by failing to resolve a factual dispute relevant to the court’s sentencing determination because Ferguson did not actually dispute the accuracy of the relevant factual statements in the PSR. Rather, Ferguson raised a legal objection as to whether the obstruction counts related to the other charged offenses for purposes of the 2-level enhancement under U.S.S.G. § 3C1.1 (2001). Such a claim does not put facts in the PSR in dispute within the meaning of Rule 32, and we find no…