United States v. Robert Saad

MEMORANDUM

Robert Paul Saad (“Appellant”) appeals the 80-month sentence imposed following his plea of guilty to mail fraud in violation of 18 U.S.C. § 1341 . Specifically, Appellant challenges (1) the application of the two-level, “sophisticated means” enhancement of United States Sentencing Guidelines § 2Bl.l(b)(9)(C), 2010 edition, in calculating his sentence and (2) an upward departure from the Sentencing Guidelines range pursuant to U.S.S.G. § 4A1.3(a)(4)(B) based on the inadequacy of criminal history category VI. We assume familiarity with the record. We affirm the district court’s sentence.

I

In calculating Appellant’s total offense level in accordance with the Sentencing Guidelines, the district court imposed a two-level increase pursuant to U.S.S.G. § 2Bl.l(b)(9)(C) because the offense involved “sophisticated means.” A challenge to the district court’s application of the “sophisticated means” enhancement is reviewed for clear error. United States v. Aragbaye, 234 F.3d 1101, 1107-08 (9th Cir.2000).

Appellant’s conviction arises from a scheme to defraud California’s Employment Development Department and Franchise Tax Board, the U.S. Treasury, and various financial…