United States v. Bernard D. Bos

Appellant Bos, a dentist, admitted conspiring to blow up his failing record and tape store in order to recover on an insurance policy. Conspiring with Mr. Mahlman, appellant increased his policy limits and then made two attempts to ignite the building by leaving a candle burning and the gas on. These attempts failed. An attempt to use a pipe bomb backfired and seriously injured Mr. Mahlman, who eventually informed the authorities.

Appellant pled guilty to one count of mail fraud, and stipulated to the above facts in his plea agreement. The district court sentenced him using the arson guidelines, instead of the mail fraud guidelines, resulting in a sentence of five years — the statutory maximum for mail fraud. Appellant appeals the determination of his sentence, as 'well as the district court’s refusal to give him a continuance for a psychological evaluation.

I

The district court’s application of the sentencing guidelines is reviewed de novo. United States v. Lockard, 910 F.2d 542, 543 (9th Cir.1990). The district court’s factual findings are reviewed for clear error. United States v. McConney, 728 F.2d 1195, 1202-04 (9th Cir.) (en banc) cert. denied, 469 U.S. 824 , 105 S.Ct.…