United States v. Bryan Smith

MEMORANDUM

Appellant Bryan Smith (Bryan) challenges his fifty-four month prison term following his conviction of one count of mail fraud. Bryan contends that the sentence above the recommended Sentencing Guidelines (Guidelines) range was substantively unreasonable because the district court improperly considered his leadership role in its analysis of the 18 U.S.C. § 3553 (a) factors.

Appellant Brett Smith (Brett) challenges his one hundred and twenty-month sentence following his conviction of one count of mail fraud. Brett maintains that the district court erred in denying a continuance so that he could address the above-Guidelines sentence imposed. Brett also contends that the above-Guidelines sentence was substantively unreasonable be cause the district court improperly emphasized the need for general deterrence. We affirm the sentences imposed as to both defendants.

1. In its consideration of the 18 U.S.C. § 3553 (a) factors, the district court was not precluded from considering Bryan Smith’s leadership role, although that factor was already accounted for in the Guidelines computation. See United States v. Orlando, 553 F.3d 1235,1239 (9th Cir.2009). In any event, the…