United States v. Richard Rossignol
Opinion
Opinion
MEMORANDUM
Richard M. Rossignol appeals from the district court’s judgment and challenges the 240-month sentence imposed following his jury-trial conviction for conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. § 1349 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Rossignol contends that his sentence is substantively unreasonable in light of the alleged sentencing disparity between his sentence and that of his co-conspirator, and because the 24-level enhancement he received under U.S.S.G. § 2Bl.l(b)(l)(m) overstated the seriousness of the offense. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3553 (a) sentencing factors and the totality of the circumstances, including the number of victims and the loss amount. See Gall, 552 U.S. at 51 , 128 S.Ct. 586 ; see also United States v. Ressam, 679 F.3d 1069, 1094-95 (9th Cir. 2012) (en banc) (finding no unwarranted sentencing disparity between individuals who plead guilty and those who put the government to its burden of proof).