United States v. Rita O'Brien

99 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Rita O'BRIEN, Defendant-Appellant. No. 96-30020. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 16, 1996. Decided Oct. 07, 1996. Before: WRIGHT, SCHROEDER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 O'Brien appeals her sentence under the Sentencing Guidelines. We have jurisdiction under 18 U.S.C. § 3742 and affirm. ANALYSIS: 3 O'Brien argues that the district court erred in increasing her offense level pursuant to U.S.S.G. § 2F1.1(b)(6)(B) (Nov. 1995). That provision says that if the offense "affected a financial institution and the defendant derived more than $1,000,000 in gross receipts from the offense, increase by 4 levels. If the resulting offense level is less than level 24, increase to level 24." 1. Standard of Review 4 Under United States v. Sarno, 73 F.3d 1470, 1500 (9th Cir.1995) cert. denied, 116 S.Ct. 2554 -55…