United States v. William E. Cambra, Jr., AKA B.C.

William E. Cambra, Jr. plead guilty on April 17, 1990, to three counts of violating the Food, Drug, and Cosmetic Act. He appeals his sentence of 24 months plus one year of supervised release, claiming the district court should have applied the sentencing guideline relating to food and drug offenses, U.S.S.G. § 2N2.1, rather than the one for fraud and deceit, § 2F1.1. In the alternative, Cambra claims the district court improperly enhanced his sentence based on the dollar amount of the fraud. We conclude that the district court applied the correct guidelines and affirm.

I

A grand jury returned a 12-count indictment against Cambra on August 25, 1989, and Cambra plead guilty to counts 10, 11 and 12. Count 10 charged him with holding, causing to be held for sale and selling counterfeit steroids with intent to defraud and mislead in violation of 21 U.S.C. § 331 (i)(3) & 333(b). Count 11 charged him with distributing misbranded human growth hormone with intent to defraud and mislead in violation of 21 U.S.C. § 331 (k) & 333(b). Count 12 charged him with distributing anabolic steroids in violation of 21 U.S.C. § 333 (e)(1). For counts 10 and 11, § 331 describes the prohibited acts and…