United States v. Delyle Augare

We consider under what circumstances a “sophisticated means” sentencing enhancement may be given. under U.S.S.G. § 2Bl.l(b)(10)(C).

Delyle Shanny Augare appeals his sentence following his guilty plea to four counts: (1) conspiracy to defraud the United States, in violation of 18 U.S.C. § 372 ; (2) False Claims Act conspiracy, in violation of 18 U.S.C. § 286 ; (3) theft from an Indian tribe receiving federal funding, in violation of 18 U.S.C. § 666 (a)(1)(A); and (4) federal income tax evasion, in violation of 26 U.S.C. § 7201 .

Specifically, Augare challenges the district court’s application of the “sophisticated means” sentencing enhancement under U.S.S.G, § 2Bl.l(b)(10)(C). We review a district court’s application of the Sentencing Guidelines to the facts for abuse of discretion. United States v. Jennings, 711 F.3d 1144, 1146 (9th Cir.2013). For the reasons that follow, we conclude that the district court did not abuse its discretion when it applied the “sophisticated means” enhancement to Augare’s offense conduct.

Augare argues that “[n]either the fraud perpetrated through [the Po’Ka Project] nor Augare’s conduct involve[d] sophisticated means,” and asks us to…