United States v. Steven Moreland

MEMORANDUM

Steven Craig Moreland appeals from the 216-month sentence imposed for various offenses associated with his role in a Ponzi scheme. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Relying on a merger theory and United States v. Santos, 553 U.S. 507 , 128 S.Ct. 2020 , 170 L.Ed.2d 912 (2008), More-land contends that, notwithstanding the fact that we previously upheld four of his convictions for money laundering, the district court was not permitted to consider those convictions when calculating the applicable Sentencing Guidelines range. He is incorrect. The Sentencing Guidelines required the district court to consider Moreland’s money laundering convictions when calculating the Guidelines range. See U.S.S.G. § 2S1.1 (1998). Moreover, Santos did not change the Sentencing Guidelines. See Santos, 553 U.S. 507 , 128 S.Ct. 2020 .

Moreland argues that the district court erred by failing to group his fraud and money laundering counts together under U.S.S.G. § 3D1.2(b) and (d) (1998). This argument is foreclosed by United States v. Syrax, 235 F.3d 422, 424-26 (9th Cir.2000).

Moreland also argues that the district court erred when it included a ten-level…