Arenas-Medina

United States v. Arenas-Medina

Good Law
46 F. App'x 536
United States Court of Appeals for the Ninth CircuitSeptember 19, 2002No. 01-50313; D.C. No. CR-00-01053-GAF-1California267 words

Opinion

Lead Opinion

MEMORANDUM **

Eduardo Arenas-Medina appeals his sentence imposed following his guilty plea conviction for selling false identification documents in violation of 18 U.S.C. § 1028 (a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s interpretation of the sentencing guidelines and review for abuse of discretion the court’s application of the guidelines to the facts of a particular *537 case. United States v. Ellis, 241 F.3d 1096,1099 (9th Cir.2001). We affirm.

The district court correctly applied the preponderance of the evidence standard to determine “relevant conduct” at sentencing because the upward adjustment did not have an extremely disproportionate effect on Arenas-Medina’s sentence relative to the offense of conviction. See United States v. Johansson, 249 F.3d 848, 854 (9th Cir.2001).

The district court correctly found that the 44 pairs of false identification documents discovered at the document mill were produced in furtherance of the criminal activity jointly undertaken by Arenas-Medina and his co-defendants and their production was reasonably foreseeable. See U.S.S.G. § lB1.3(a)(l)(B). Thus, the documents constituted…

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