United States v. Thomas Klassy

MEMORANDUM

Thomas Klassy devised a criminal scheme to bilk his creditors by declaring bankruptcy while simultaneously hiding assets that could be used to satisfy his debts. His scheme discovered, Klassy was tried and convicted of money laundering and various types of fraud. Klassy appeals his sentence, but not his conviction, for the second time. A panel of this Court previously vacated Klassy’s sentence and remanded for resentencing after concluding that the district court calculated Klassy’s total offense level, 33, starting with a base offense level one too high (seven, rather than six). See United States v. Klassy (“Klassy I”), 409 Fed.Appx. 169, 171 (9th Cir.2011). This time, we do not find the district court clearly erred in making the factual findings supporting its Guideline calculation — a total offense level of 32— nor do we find that the district court abused its discretion in applying the Guidelines to the facts that it found when sentencing Klassy to 121 months’ imprisonment. United States v. Dann, 652 F.3d 1160, 1175 (9th Cir.2011).

The question underlying this appeal is whether the district court concluded properly that Klassy intended to cause more than $400,000…