United States v. David Foley

FILED

NOT FOR PUBLICATION APR 17 2015

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-10055

Plaintiff - Appellee, D.C. No. 5:09-cr-00670-EJD-

v.

MEMORANDUM*

DAVID RUSSELL FOLEY,

Defendant - Appellant.

UNITED STATES OF AMERICA, No. 14-10056

Plaintiff - Appellee, D.C. No. 5:11-cr-00554-EJD-

v.

DAVID RUSSELL FOLEY,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Edward J. Davila, District Judge, Presiding

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Submitted March 10, 2015** San Francisco California

Before: McKEOWN, MURGUIA, and FRIEDLAND, Circuit Judges.

David Russell Foley appeals his sentence imposed after he pled guilty to

conspiracy to commit mail and wire fraud in violation of 18 U.S.C. §§ 1341, 1343,

and 1349. This Court has jurisdiction under 28 U.S.C. § 1291. See United States

v. Jacobo Castillo, 496 F.3d 947, 949–50…