United States v. Connie Farris
Opinion
Opinion
MEMORANDUM
Connie Farris appeals the sentence imposed by the district court after she was found guilty of 39 counts of mail fraud. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s sentencing decisions for abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008). We affirm in-part, vacate in-part, and remand to the district court.
I
The district court permissibly calculated the offense level and guidelines range at Farris’s sentencing hearing. As a basis for the loss amount and number of victims, the district court considered charts produced in relation to five fraudulent loans Farris marketed while leading a group .of companies referred to as Global Express. The district court properly considered this evidence as relevant conduct under the Guidelines. The fact that the charts were initially produced in a related civil enforcement action does not preclude their use in a criminal case. See Pepper v. United States, 562 U.S. 476 , 131 S.Ct. 1229, 1241 , 179 L.Ed.2d 196 , (2011) (noting that district courts may base sentencing decisions on all § 3553(a) factors, subject to reasonableness review).