United States v. Erika Brown

MEMORANDUM

Erika Rae Brown appeals her sentence for one count of money laundering in violation of 18 U.S.C. § 1957 . The district court imposed a 56-month sentence based on its calculation of actual loss to the victims of $3,741,047.82. U.S.S.G. § 2Bl.l(b), cmt. n.3(A).

We review the district court’s interpretation of the Sentencing Guidelines de novo and its findings of fact for clear error. See United States v. Hornbuckle, 784 F.3d 549, 553 (9th Cir. 1990). We review sentencing decisions for abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc). We affirm the sentence.

Brown argues that the district court erred by applying an 18-level increase in the offense level because the district court should have used the gain to Brown rather than the actual loss in calculating the loss. The Guideline defines “actual loss” as “the greater of actual or intended loss.” U.S.S.G. § 2B1.1 cmt. n.3(A). The gain to the defendant is relevant only where “there is a loss but it reasonably cannot be determined.” Id. at cmt. n.3(B). Here, the actual loss to the victims is reasonably determinable by the amount of the fraudulently obtained loan. That Brown forwarded…