United States v. Paul Bloyer

51 F.3d 282 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Paul BLOYER, Defendant-Appellant. No. 94-10093. United States Court of Appeals, Ninth Circuit. Submitted Dec. 12, 1994. * Decided March 22, 1995. Before: SKOPIL, NORRIS, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Paul Bloyer pled guilty to one count of bank fraud in violation of 18 U.S.C. Sec. 1344 and three counts of wire fraud in violation of 18 U.S.C. Sec. 1343 . The district court sentenced him to 24 months in prison, imposed a three-year term of supervised release, and ordered him to pay $82,000 in restitution. Bloyer now appeals. 3 The district court set Bloyer's base offense level at 6. See USSG Sec. 2F1.1. However, the district court increased his base offense level by 7 points pursuant to USSG Sec. 2F1.1(b)(1)(H) (more than $120,000 loss) and added an additional two points pursuant to USSG Sec. 2F1.1(b)(2) (more than minimal planning). Next, the…