United States v. Oloruntade Olumuyiwa

MEMORANDUM

Olumuyiwa appeals his 70-month sentence, arguing that the district court erred in applying U.S.S.G. § 3A1.1(b), the vulnerable victim enhancement, and that application of U.S.S.G. § 2B1.1(b)(9)(B), the sophisticated means enhancement, resulted in an unreasonable sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not err in applying the vulnerable victim enhancement. Although the district court did not make sufficient findings as to the elderly victims, it made the two determinations it was required to make as to the reloaded victims. See United States v. Luca, 183 F.3d 1018, 1025 (9th Cir.1999). The district court adopted the presentence report and its addendum which identified reloaded victims as a class of vulnerable victims and identified O.P. as a specific member of that class whom Olumuyiwa knew or should have known was vulnerable, given O.P.’s three deposits into accounts controlled by Olumuyiwa over a 10-day period.

Application of the sophisticated means enhancement did not result in an unreasonable sentence. The sophisticated means enhancement was not intended to apply only to defendants who were operating a…