Okike

United States v. Okike

Good Law
60 F. App'x 100
United States Court of Appeals for the Ninth CircuitMarch 6, 2003No. 01-50632; D.C. No. CR-01-00016-MMM-1California1,381 words

Opinion

Lead Opinion

ORDER AND MEMORANDUM **

Wilson Chucks Okike was convicted of one count of wire fraud, in violation of 18 U.S.C. § 1343 , and one count of mailing lottery tickets and related material, in violation of 18 U.S.C. § 1302 . The charges arose from Okike’s operation of various telemarketing companies involved in the sale of lottery tickets (“the Lottery Companies”). He appeals his sentence, arguing that the following offense level adjustments were not supported by the record: 1) a twelve-level enhancement based on a total loss of $1,865,204 pursuant to U.S.S.G. § 2F1.1(b)(1)(M) (2000); 2) two two-level vulnerable victim enhancements under U.S.S.G. § 3A1.1(b)(1) and (2); and 3) a four-level enhancement for his aggravated role in the offense pursuant to U.S.S.G. § 3B1.1(a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review the district court’s interpretation of the Guidelines de novo. United States v. Alexander, 287 F.3d 811, 818 (9th Cir.2002). The district court’s findings of fact are reviewed for clear error. See, e.g., United States v. Williams, 291 F.3d 1180, 1196 (9th Cir.2002). Its application of the Guidelines to the facts of the case are reviewed for…

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