Nair

United States v. Nair

Good Law
40 F. App'x 517
United States Court of Appeals for the Ninth CircuitJune 14, 2002No. 01-30196; D.C. No. CR-00-00369-TSZCalifornia576 words

Opinion

Lead Opinion

MEMORANDUM **

Floreen Shareswari Nair appeals her 27-month sentence imposed after her guilty-plea conviction for four counts of causing the mailing of threatening letters, in violation of Title 18 U.S.C. § 876 . We have jurisdiction pursuant 18 U.S.C. § 3742 , and we affirm.

Nair contends that the district court erred by declining to group pursuant to U.S.S.G. § 3D1.2 the four counts of mailing threatening letters based on a finding that there were multiple victims involved. In order to be grouped under § 3D1.2(b), however, Nair’s offenses must *519 both (1) involve the same victim, and (2) constitute part of a common scheme or plan. See U.S.S.G. § 3D1.2(b) (emphasis added). The district court found that each letter threatened several distinct victims, and each inflicted separate unique harms. We find no clear error in this factual determination. United States v. Boos, 127 F.3d 1207, 1209-10 (9th Cir.1997). Accordingly, the district court correctly concluded that the four counts should not be grouped pursuant to § 3D1.2. Id. (stating that for purposes of § 3D1.1, the common and ordinary definition of “victim” applies, and includes individuals that are “acted on” and “adversely…

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