United States v. Paula Harris

MEMORANDUM

Paul Richards and Paula Cameo Harris appeal from their second re-sentencing arising from their convictions for various offenses including fraud, extortion, money laundering, false statements, and perjury. See 18 U.S.C. §§ 1001 , 1346, 1341, 1623, 1951, & 1956(a)(1)(A)(i). At re-sentencing, the district court reduced both their sentences to below-Guidelines sentences of 168 months for Richards and 66 months for Harris, but declined to alter the underlying Guidelines calculations or change the amount of money either defendant owed in restitution. Both defendants argue that their sentences are procedurally and substantively unreasonable. Additionally, Harris argues that the district court erred in calculating the amount of her restitution.

A district court’s sentencing decisions are reviewed for abuse of discretion. Gall v. United States, 552 U.S. 38, 49 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). This Court also reviews restitution decisions for abuse of discretion. United States v. De La Fuente, 353 F.3d 766, 772 (9th Cir.2003).

Richards argues that his sentence is procedurally unreasonable because the court failed to alter his Guidelines calculation after some of his…