Moore
United States v. Moore
Opinion
Lead Opinion
MEMORANDUM **
Robert Phillip Moore, Jr. appeals his 30-month sentence, imposed following his guilty plea to mail fraud, bank fraud, conspiracy to file false claims for tax refunds, and aiding and abetting the filing of false tax returns in violation of 18 U.S.C. §§ 2 , 286, 287, 1341, and 1344. We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 and we affirm.
Moore challenges the district court’s imposition of a 3-level upward adjustment for playing a leadership role in the offense. 1 To justify this adjustment, the government must show that the defendant had an aggravating role in the offense by a preponderance of the evidence. United States v. Mares-Molina, 913 F.2d 770, 773 (9th Cir.1990). “[T]o sustain a finding that a defendant in fact played one of the four specified roles [in U.S.S.G. § 3B1.1], there must be evidence that the defendant ‘exercised some control over others involved in commission of the offense [or was] responsible for organizing others for the purpose of carrying out the crime.’ ” United States v. Harper, 33 F.3d 1143, 1151 (9th Cir. 1994) (citation omitted). We review for clear error, Mares-Molina, 913 F.2d at 773 , and find none.