Leach

MEMORANDUM **

John Matheson Leach appeals the district court’s enhancement of his wire fraud sentence for mass-marketing, involvement of vulnerable victims, and involvement of a large number of vulnerable victims. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

Leach first contends that the seventy-four people victimized while he participated in a sweepstakes telemarketing scheme do not constitute a large enough number of victims to justify application of a mass-marketing enhancement pursuant to U.S. Sentencing Guidelines Manual § 2F1.1(b)(3) (2000). Under § 2F1.1(b)(3), however, Leach’s method for defrauding individuals is more important than the number of his victims. See United States v. Pirello, 255 F.3d 728, 732 (9th Cir.2001) (“The relatively low number of individuals actually victimized by [the defendant] before the FBI ended his scheme was the product of chance, and in no way indicative of the breadth of [his] solicitation.”). Indeed, the seventy-four victims acknowledged by Leach represent only those fraudulent attempts that proved successful. Leach cold-called from long lists of people, attempting to persuade them to send in money to collect false…