United States v. Kelen Buchan

FILED

NOT FOR PUBLICATION

OCT 27 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-50272

Plaintiff-Appellee, D.C. No. 2:13-cr-00469-CJC-2 v.

KELEN MAGAEL BUCHAN, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding

Argued and Submitted August 31, 2021 Pasadena, California

Before: IKUTA, BENNETT, and R. NELSON, Circuit Judges. Concurrence by Judge R. NELSON

Kelen Magael Buchan appeals his conviction and sentence following a

guilty plea to one count of wire fraud in violation of 18 U.S.C. § 1343. We have

jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, and affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Even if the district court erred when it applied the preponderance standard

instead of the clear and convincing standard at sentencing to the two disputed

enhancements, see United States v.…