UNITED STATES of America, Plaintiff-Appellee, v. Jose CASTELLANOS, Defendant-Appellant

Good Law
81 F.3d 108·96 Daily Journal DAR 4146·1996 WL 165043·1996 U.S. App. LEXIS 6989·96 Cal. Daily Op. Serv. 2452
United States Court of Appeals for the Ninth CircuitApril 10, 199695-50004California2,157 words

Opinion

Opinion

Shubb, J.

Jose Castellanos appeals from his sentence on charges of mad fraud and making a false statement to a federally insured lending institution, upon the ground that his base offense level was improperly increased by two levels based on a finding of vulnerable victim under section 3A1.1 of the Sentencing Guidelines. Because the record does not support such a finding, we vacate the sentence and remand for resentencing.

FACTS

In August 1987, Castellanos and two colleagues set up a business in the Los Ange-les area entitled Fadel Group Investment Corporation. (“FGIC”). Relying primarily upon extensive advertising in Spanish-language media, FGIC would solicit investments and then use the funds to purchase real estate. In these solicitations FGIC billed itself as a “proudly Hispanic company.” Potential investors were told that FGIC was a prestigious, well-established company that purchased, renovated, rented and resold properties, and also acquired existing profitable companies. Investors were promised a 22 percent rate of return and were assured that the investments were risk-free because their money was secured by deeds of trust in the FGIC properties.

The truth of the matter…

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