Schachter

United States v. Schachter

Good Law
52 F. App'x 928
United States Court of Appeals for the Ninth CircuitDecember 10, 2002No. 01-55810; D.C. Nos. CV-00-13184-R, CR-94-01030-RCalifornia497 words

Opinion

Lead Opinion

MEMORANDUM **

Herbert Schachter appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion challenging the 210-month sentence imposed following his jury conviction for eleven counts of aiding and abetting mail fraud, five counts of inducing transportation of persons in interstate commerce, and six counts of aiding and abetting money laundering, in violation of 18 U.S.C. §§ 1341 , 2314, 1956(a)(1)(A)®, and 2, respectively. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see United States v. Christakis, 238 F.3d 1164, 1168 (9th Cir.2001), and we affirm in part, reverse in part, and remand.

Schachter first contends that counsel was ineffective because counsel failed *929 to object to the presentence report’s loss calculation for the fraud counts. Schachter argues that his co-defendant’s counsel obtained a reduction of the amount of loss attributed to his co-defendant by challenging the loss calculation and contends that he would have received a substantially shorter sentence if his counsel had made similar arguments. We are not persuaded. Schachter, unlike his co-defendant, was the primary perpetrator of the fraudulent scheme and has failed to…

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