United States v. Frank Cutler

MEMORANDUM

In these consolidated appeals, Frank Ernest Cutler appeals from the district court’s judgments and challenges the 57-month sentence imposed following his guilty-plea conviction for wire fraud and aiding and abetting, in violation of 18 U.S.C. §§ 2 (a) and 1343, and the 24-month consecutive sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Cutler contends that the district court erred by applying an adjustment pursuant to U.S.S.G. § 2Bl.l(b)(9)(A). Given Cutler’s admission in his plea agreement that he told investors his media company was designed to “help humanity” and that proceeds from the sale of stock would be used to fund philanthropic projects, the court did not abuse its discretion in applying the enhancement. See United States v. Treadwell, 593 F.3d 990, 1008 (9th Cir.2010).

Cutler next contends that the 57-month sentence is substantively unreasonable because the district court varied upward based on factors already accounted for by the Guidelines range. He further argues that the sentences should not have been ordered to run consecutively because they are predicated on the same conduct, and…