United States v. Lance Kellow

MEMORANDUM

1. The district court didn’t abuse its discretion in applying a sophisticated-means enhancement. The evidence showed that defendant shuffled funds between multiple bank accounts in furtherance of the mortgage fraud, and that sort of conduct is sufficiently “complex” to constitute sophisticated means. See United States v. Jennings, 711 F.3d 1144, 1147 (9th Cir.2013); see also U.S.S.G. § 2Bl.l(b)(10) & n. 9.

2. Nor did the district court abuse its discretion by applying an abuse-of-trust enhancement. The evidence showed that defendant’s position as a mortgage broker “significantly facilitated the commission ... of the offense,” because his brokerage company was involved in the fraud scheme and he knew how to falsify mortgage applications based on his background. See U.S.S.G. § 3B1.3; United States v. Thornton, 511 F.3d 1221, 1227 (9th Cir.2008).

3. The district court properly denied a minor-participant reduction. See U.S.S.G. § 3B 1.2(b) & n. 5. The testimony at trial established that defendant was very involved in preparing loan applications and bolstering the straw buyer’s credit. As such, defendant wasn’t “substantially less culpable than the average participant” in…