Sylianteng

United States v. Sylianteng

Good Law
56 F. App'x 335
United States Court of Appeals for the Ninth CircuitFebruary 11, 2003No. 02-50130; D.C. No. CR-00-00332-GHKCalifornia349 words

Opinion

Lead Opinion

MEMORANDUM **

A jury convicted Gloria Sylianteng of eighteen counts of wire fraud and one count of making a false statement in a bankruptcy case. The district court sentenced her to 121 months in prison and ordered her to pay more than five and one half million dollars in restitution. We affirm.

Sylianteng argues that the District Court abused its discretion by increasing her offense level to reflect that her fraud was “committed through mass-marketing.” U.S. Sentencing Guidelines Manual § 2Fl.l(b)(3) (1998). A district court’s application of the Sentencing Guidelines to the facts of a particular case is reviewed for an abuse of discretion. United States v. Alexander, 287 F.3d 811, 818 (9th Cir. 2002). As the application notes to U.S.S.G. § 2F1.1 explain:

Id., cmt. n. 3.

Sylianteng admits that she “did send postcards to her investors informing them *336 of upcoming investment ‘projects,’ ” specifically the golden Buddha project. Appellant’s Opening Brief at 6. It was not an abuse of discretion for the District Court to conclude that sending those postcards transformed Sylianteng’s scheme into the sort of “plan, program, promotion, or campaign ... conducted through solicitation…

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