United States v. Harry Veltman, III

993 F.2d 887 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Harry VELTMAN, III, Defendant-Appellant. No. 92-50402. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1993. * Decided May 11, 1993. Before: KOZINSKI, SUHRHEINRICH ** and T.G. NELSON, Circuit Judges. 1 MEMORANDUM *** 2 The district court was correct in not grouping the counts on which Veltman was convicted. Counts are grouped only when they "involv[e] substantially the same harm." U.S.S.G. § 3D1.2. Receiving obscene or threatening letters on several occasions is more offensive or frightening than receiving them only once. Here, each new letter constituted a new harm, even though all the letters involved the same victim and were part of the same scheme. Cf. U.S.S.G. § 3D1.2 app. note 4 example (5). 3 The district court also didn't clearly err in finding Veltman hadn't accepted responsibility for his behavior. Veltman expressed regret about…