United States v. Theron D. Mitchell

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Theron D. MITCHELL, Defendant-Appellant. No. 94-30080. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1995. * Decided March 14, 1995. Before: HALL, O'SCANNLAIN and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Theron D. Mitchell pled guilty to one count of securities fraud in violation of 15 U.S.C. Secs. 77q and 77e (Count I) and one count of interstate transportation of stolen funds in violation of 18 U.S.C. Sec. 2314 (Count XI). The district court sentenced Mitchell to 24 months in jail, imposed a three-year term of supervised release, and ordered him to pay $3.3 million in restitution. He now appeals. We have jurisdiction pursuant to 28 U.S.C. Secs. 1291 and 1294 and affirm. I. 3 Mitchell first complains that the district court erred by increasing his base offense level by 13 levels for defrauding his victims of more than $2.5 million. See…