McNeil

United States v. McNeil

Good Law
20 F. App'x 706
United States Court of Appeals for the Ninth CircuitOctober 5, 2001No. 00-30401; D.C. No. CR-00-00007-DWMCalifornia608 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant Christopher Eric McNeil appeals the sentence imposed by the district court following his guilty plea to violations of 18 U.S.C. § 922 (i) (interstate transportation of a stolen firearm) and 18 U.S.C. § 1028 (a)(3) (identification document fraud).

McNeil first contends that the district court clearly erred in imposing the specific offense characteristic in U.S.S.G. § 2Fl.l(b)(6)(A), which allows a sentencing court to increase the offense level by two levels if “the defendant relocated, or participated in relocating, a fraudulent scheme to another jurisdiction to evade law enforcement or regulatory officials.” The parties agree that to impose the enhancement of § 2F1.1(b)(6), the court must find that the defendant: (1) relocated from one jurisdiction to another; (2) moved a fraudulent scheme; and (3) did so for the purpose of evading law enforcement or regulatory officials. The district court applied these elements and its factual findings are not clearly erroneous. See United States v. Mezas de Jesus, 217 F.3d 638, 642 (9th Cir.2000) (district court’s factual findings at sentencing are reviewed for clear error).

McNeil next contends that the district…

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