United States v. Samuel Cohen

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-10240 Plaintiff-Appellee, D.C. No. v. 3:10-cr-00547-

CRB-

SAMUEL COHEN, AKA Mouli Cohen, Defendant-Appellant. ORDER AND

AMENDED

OPINION

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Argued and Submitted May 8, 2013—San Francisco, California

Filed August 22, 2013 Amended October 7, 2013

Before: William A. Fletcher, Ronald M. Gould, and Morgan Christen, Circuit Judges.

Order; Opinion by Judge Christen SUMMARY*

Criminal Law

The panel affirmed the district court’s application of a sentencing enhancement under U.S.S.G. § 2B1.1(b)(9)(A) for an offense involving “a misrepresentation that the defendant was acting on behalf of a charitable organization . . .” in a case in which the defendant induced patrons of a charitable organization to purchase his shares in a for-profit company by misrepresenting that the value of the shares would soon skyrocket, enabling the patrons to make large charitable contributions.

The panel…