Martinez-Vasquez

United States v. Martinez-Vasquez

Good Law
34 F. App'x 294
United States Court of Appeals for the Ninth CircuitMarch 11, 2002No. 01-50049; D.C. No. CR-00-00880-R-02California474 words

Opinion

Lead Opinion

*295 MEMORANDUM **

Jose Francisco Martinez-Vasquez appeals the district court’s application of a nine-level sentence enhancement for “relevant conduct” under U.S.S.G. §§ 1B1.3(a) & 2L2.1(b)(2)(C). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s application of the Sentencing Guidelines to the facts of a particular case for an abuse of discretion, see United States v. Antonakeas, 255 F.3d 714, 727 (9th Cir.2001), and we affirm.

A federal grand jury indicted Martinez-Vasquez and three co-defendants of six counts under 18 U.S.C. §§ 1028 & 1546. Martinez-Vasquez ultimately pled guilty to one count: knowingly transferring two false identification documents in violation of 18 U.S.C. § 1028 (a)(2). The district court sentenced Martinez-Vasquez in accordance with the recommendations of the Presentence Report (“PSR”), which noted that, pursuant to U.S.S.G. § 1B1.3(a), 1,055 counterfeit documents seized at Martinez-Vasquez’s apartment were “relevant conduct” for determining his offense level. Thus, because the offense involved over 100 documents, the district court applied a nine-level increase, see U.S.S.G. § 2L2.1(b)(2)(C), and sentenced…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.