United States v. Ruben Juan-Gonzalez

MEMORANDUM

Defendant Ruben Juan-Gonzalez (“Defendant”) appeals the district court’s decision to impose a 135-month sentence after Defendant pleaded guilty to one count of mail fraud, in violation of 18 U.S.C. § 1341 ; one count of money laundering, in violation of 18 U.S.C. § 1957 ; and one count of false representation of a social security number, in violation of 42 U.S.C. § 408 (a)(7)(B). We have jurisdiction under 18 U.S.C. § 3742 (a), and we affirm.

1. The district court’s findings of fact in applying the aggravating role enhancement under USSG § BBl.l(c) were not clearly erroneous. Rosendo-Juan Zar-agoza’s (“Zaragoza”) testimony established he was employed by Defendant, understood Defendant’s investment program to be an illegal investment scheme, was aware of a criminal investigation of the investment program, and he withdrew $15,007 at Defendant’s direction from a bank account by signing Defendant’s name. In addition, the conversations between Defendant and E.E. establish E.E. received multiple instructions from Defendant, relayed Defendant’s instructions to Zaragoza, and received half of the money after Zaragoza signed Defendant’s name to withdraw money from a bank…