United States v. Frank Solorza

MEMORANDUM

Defendant-Appellant Frank Solorza appeals his sentence following convictions for conspiracy, in violation of 18 U.S.C. § 371 , impersonation of a federal officer, in violation of 18 U.S.C. § 912 , and attempted extortion by a federal officer, in violation of 18 U.S.C. § 872 . The charges arose from Solorza’s attempted extortion of his cousins, the Escatel family. He was sentenced to 36 months on each count with all terms to run concurrently.

On appeal, Solorza challenges only his sentence. We review the district court’s interpretation of the Sentencing Guidelines de novo, and its findings of fact for clear error. United States v. Rivera, 527 F.3d 891, 908 (9th Cir.2008) (citing United States v. Garcia, 497 F.3d 964, 969 (9th Cir.2007)).

Solorza first asserts that the district judge erred in applying the guideline corresponding to his offense of conviction because he is an atypical offender, and therefore the district judge should have selected a guideline more applicable to his offense conduct. We disagree. In selecting an appropriate guideline, the district court must determine the guideline section in Chapter Two (Offense Conduct) applicable to the offense of…