United States v. David Tamman

Appellant David Tamman raises five issues in his appeal from the district court’s judgment of conviction and sentence. We begin by addressing an issue of first impression, that is, whether the district court erred at sentencing by applying both the “Broker-Dealer” enhancement under United States Sentencing Guideline Manual (U.S.S.G.) § 2Bl.l(b)(18)(A) (2012) (2014 version at U.S.S.G. § 2Bl.l(b)(19)(A)) and the “Special Skill” enhancement under U.S.S.G. § 3B1.3. We hold that the Sentencing Guidelines commentary prohibiting simultaneous application of the Broker-Dealer and Special Skill enhancements does not apply when the Broker-Dealer enhancement pertains specifically to a principal’s offense and the Special Skill enhancement pertains to a defendant-accessory’s offense.

We then address Tamman’s additional bases for appeal: his arguments that (1) his waiver of his right to a jury trial was not knowing, voluntary, and intelligent; (2) the district court erred in excluding two proffered experts; (3) the district court erred in admitting the statement of an alleged coconspirator; and (4) the district court erred in calculating loss and victim amounts, as required under the…