United States v. William Wehr

Good Law
20 F.3d 1035·94 Daily Journal DAR 4536·1994 WL 109728·1994 U.S. App. LEXIS 6376·94 Cal. Daily Op. Serv. 2398
United States Court of Appeals for the Ninth CircuitApril 5, 199493-30149California977 words

Opinion

Opinion

Noonan, J.

On equal protection grounds William R. Wehr challenges the sentence imposed upon him for violation of 18 U.S.C. § 471 . We affirm the judgment of the district court.

PROCEEDINGS

Wehr pleaded guilty to Counts 1 and 4 of a four-count indictment, in return for which the government dismissed Counts 2 and 3. He pleaded guilty to a charge of counterfeiting approximately $5,780 in falsely made federal reserve notes and to a count of falsifying two Oregon driver’s licenses in violation of 18 U.S.C. § 1028 (a)(1).

Pursuant to Sentencing Guideline § 3D1.2(d) the probation officer grouped Counts 1 and 4 together. The grouping resulted in a base line offense level under § 2B5.1 (1992), “Offenses Involving Counterfeit Bearer Obligations of the United States,” of nine. As the face value of the counterfeits exceeded $2,000, the base level was increased according to the table in § 2F1.1 by two, resulting in a level of eleven. However, under § 2B5.1(b)(2), if the counterfeits are obligations of the United States and the offense level is less than fifteen, the increase is to be to level fifteen. There were no other adjustments to be made except an adjustment for acceptance of responsibility…

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