United States v. Rodrigo Moura

MEMORANDUM

Rodrigo Moura appeals the sentence imposed by the district court for one count of conspiracy to commit unlawful production of identification documents, in violation of 18 U.S.C. § 371 . Specifically, Moura argues that the district court erred both by applying an incorrect Guidelines section and by imposing an unwarranted aggravating role adjustment. Because we hold that the district court erred in neither respect, we affirm.

We have jurisdiction over this matter pursuant to 28 U.S.C. § 1291 . The facts of this ease are known to the parties. We need not repeat them here.

I

We review de novo the district court’s interpretation of the Sentencing Guidelines, but have “noted an intracircuit conflict as to whether the standard of review for application of the Guidelines to the facts is de novo or only for abuse of discretion.” United States v. Laurienti, 611 F.3d 530, 551-52 (9th Cir.2010) (quoting United States v. Yip, 592 F.3d 1035, 1038 (9th Cir.2010)). Because the disposition of this case would be identical under either standard, we do not resolve that question here.

We review for clear error a district court’s determination that a defendant’s conduct merits an…